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HomeMy WebLinkAboutContract 59544CSC No. 59544 RENTAL ASSISTANCE LANDLORD AGREEMENT BETWEEN THE CITY OF FORT WO TH AND ARBROOK PARK GARDENS, LP This RENTAL ASSISTANCE LANDLORD AGREEMENT ("Agreement") is made and entered into between the CITY OF FORT WO TH ("City"), a Texas home rule municipal corporation, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Arbrook Park Gardens, LP ("Landlord"), acting by and through Yancy Larin its duly authorized representative, each individually referred to as a "party" and collectively referred to as the "parties." WHEREAS, the City provides rental assistance in the form of monetary payment for a defined portion of rent due paid directly to the landlord or management company of the property so long as the landlord or property management agree to certain terms; and WHEREAS, ("Tenant") is a participant in the City's rental assistance program; and WHEREAS, the City requires that landlords must enter into this Agreement in order to receive the City's payment of the defined portion of Tenant's rent; and WHEREAS, Agreement Documents shall consist of this Landlord Services Agreement and Exhibit A — Copy of Tenant Lease, attached hereto and incorporated herein. In the event of any conflict between the terms and conditions of Exhibit A and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. It is understood that City is not bound by any portion of Exhibit A and is only bound by the duties and obligation set forth in this Landlord Services Agreement. NO THEREFORE the Parties in exchange for the benefit received from the other Party's performance, agree to the following terms and conditions: 1. PROPERTY INFORMATION Tenant has entered into an agreement with Landlord to rent a 1 Bedroom Unit ("Lease"). The unit is located a ("Unit"), as more fully described in Exhibit A. 2. TERM. This Agreement shall begin on June 1, 2023 and shall expire on June 30, 2024 unless terminated earlier in accordance with this Agreement ("Initial Term"). The Parties shall have the option to renew this Agreement by written agreement for additional one-year terms following City review and approval of request by both Tenant and Landlord under the same terms and conditions, provided however that the rental rate and any amounts payable by City shall be provided to the City in writing for the new term at least 30 days prior to the effective date of the renewal term. Rental Assistance Landlord Agreement OFFICIAL RECORD Page 1 of 13 CITY SECRETARY FT. WORTH, TX 3. COMPENSATION. 3.1 Security Deposit The Tenant shall pay a security deposit for the Unit to the Landlord in accordance with the Tenant's lease, attached hereto as Exhibit A. The Landlord will hold this security deposit during the period the Tenant occupies the dwelling unit under the Lease. The Landlord shall comply with state and local laws regarding interest payments on security deposits. After the Tenant has moved from the dwelling unit, the Landlord may, subject to state and local law, use the security deposit, including any interest on the deposit, as reimbursement for rent or any other amounts payable by the Tenant under the Lease. The Landlord will give the Tenant a written list of all items charged against the security deposit and the amount of each item. After deducting the amount used as reimbursement to the Landlord, the Landlord shall promptly refund the full amount of the balance to the Tenant. The Landlord shall immediately notify the City when the Tenant has moved from the Unit. 3.2 Rent and Amounts Pavable by City The City has been notified that the Tenant's Total Rent during the Initial Term is $1200.00 per month for the Unit. From June 1, 2023 to June 30, 2023, the Tenant shall be responsible for $0.00 of rent per month for the Unit. Beginning July 1, 2023 through the end of the Agreement, the Tenant shall be responsible for $188.00 of rent per month for the Unit. From June 1, 2023 to June 30, 2023, City shall be responsible for $1200.00 of rent per month for the Unit. Effective July 1, 2023, and until either this Agreement expires or Landlord is notified by City otherwise, City shall pay $1012.00 toward the Tenant's Total Rent for the Unit ("City Portion"). Neither City nor HUD assumes any obligation for the Tenant's Portion of the rent, or for payment of any claim by Landlord against Tenant. The City's sole obligation is limited to paying the City Portion of the Rent in accordance with this Agreement. Tenant shall be liable for rent, payments, and other fees associated with the Unit and City shall not be obligated by law or in equity for any amount other than the City Portion. 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 shall be paid under this Agreement on or about the first day of the month for which the payment is due. 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. Rental Assistance Landlord Agreement Page 2 of 13 4. To the best of the Landlord's knowledge, the unit is used solely as the Tenant's principal place of residence. 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. 4. TERMINATION. 4.1. Termination of Tenancy: The Landlord may terminate its lease with the Tenant only as authorized by and through and following applicable state and local laws. The Landlord must give the Tenant at least 30 days' written notice of the termination and notify the City in writing within two business days of notifying the Tenant. This may be done by providing City with a copy of the required notice to the tenant. This Agreement shall automatically terminate on the date the tenant's lease terminates. 4.2 Termination of Landlord Services Agreement 4.2.1 Written Notice. The City may terminate this Agreement immediately in writing in the event that Landlord breaches this Agreement. City may also terminate this Agreement at any time and for any reason by providing Landlord with 30 days' written notice of termination. 4.2.2 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Landlord of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obliizations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Landlord the City Portion of the Total Rent for the months the Tenant actually occupied the Unit and the Landlord complied with all of the terms and conditions of this Agreement prior to the date of expiration or termination. City shall not be obligated for any additional fees or expenses of any kind. If City has paid any portion of the City Portion for a month that is after the effective date of termination of this Agreement, Landlord shall refund that portion within thirty days of the effective date of termination by check made out to the City of Fort Worth Neighborhood Services Department In the event of any dispute arising out of this Agreement, the onlv remedv Landlord may assert for anv claim, no matter the kind or character, arising out of this Agreement is for the Citv Portion of the Tenant's Total Rent for the months that Tenant occupied the unit and this Agreement was in effect. 5. HOUSING OUALITY STANDARDS AND LANDLORD -PROVIDED SERVICES 5.1 The Landlord agrees to maintain and operate the Unit and related facilities to provide decent, safe and sanitary housing in accordance with 24 CFR Section 882.109, including all of the services, maintenance and utilities agreed to in the Lease. 5.2 The City shall have the right to inspect the Unit and related facilities at least annually, and at such other times as may be necessary to assure that the Unit is in decent, safe, and Rental Assistance Landlord Agreement Page 3 of 13 sanitary condition, and is in compliance with applicable local codes, and that required maintenance, services and utilities are provided. 5.3 If the City determines that the Landlord is not meeting these obligations, the City shall have the right, even if the Tenant continues in occupancy, to terminate payment of the City's Portion of the Total Rent and/or terminate the Agreement without any cost or expense of any kind whatsoever to City. 6. FAIR HOUSING REOUIREMENT 6.1 Nondiscrimination. The Landlord shall not, in the provision of services or in any other manner, discriminate against any person on the grounds of age, race, color, creed, religion, sex, handicap, national origin, or familial status. The obligation of the Landlord to comply with Fair Housing and Civil Rights Requirements inures to the benefit of the United States of America, the Department of Housing and Urban Development, and the City, any of which shall be entitled to involve any of the remedies available by law to redress any breach or to compel compliance by the Landlord. 6.2 Cooperation in Compliance Reviews. The Landlord shall comply with the City and with HUD in conducting Fair Housing and Civil Rights and other applicable compliance reviews and complaint investigations pursuant to all applicable Fair Housing Law, civil rights statutes, Executive Orders and all related rules and regulations. 6.3 Landlord, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Landlord's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law, including City ordinances. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY LANDLORD, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, LANDLORD AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 7. RIGHTS OF CITY IF LANDLORD BREACHES THE AGREEMENT 7.1 Any of the following shall constitute a breach of the Agreement: (1) If the Landlord has violated any obligation under this Agreement; or (2) If the Landlord has demonstrated any intention to violate any obligation under this Agreement; or (3) If the Landlord has committed any fraud or made any false statement in connection with the Agreement, or has committed fraud or made any false statement in connection with any Federal housing assistance program. 7.2 The City shall notify the Landlord in writing of its determination that a breach has occurred, including a brief statement of the reasons for the determination. The notice to the Rental Assistance Landlord Agreement Page 4 of 13 landlord may, at the City's sole discretion, allow the Landlord a defined time period in which the Landlord may take corrective action to remedy the breach. 7.3 The City's right and remedies for breach of this Agreement shall not be limited by any provision of this Agreement and City shall be able to seek all remedies available under any applicable laws. 8. NO THIRD PARTY BENEFICIARIES 8.1 The City does not assume any responsibility for, or liability to, any person injured as a result of the Landlord's action or failure to act in connection with the implementation of this Agreement, or as a result of any other action or failure to act by the Landlord. 8.2 The Landlord is not the agent of the City and this Agreement does not create or affect any relationship between the City and any lender to the Landlord, or any suppliers, employees, contractors or subcontractors used by the Landlord in connection with this Agreement. 8.3 Nothing in this Agreement shall be construed as creating any right of the Tenant or a third party (other than HUD) to enforce any provision of this Agreement or to assess any claim against HUD, the City or the Landlord under this Agreement. 9. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 9.1 Disclosure of Conflicts. Landlord hereby warrants to City that Landlord has made full disclosure in writing of any existing or potential conflicts of interest related to Landlord's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Landlord hereby agrees immediately to make full disclosure to City in writing. 9.2 Confidential Information. Landlord, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. 9.3 Unauthorized Access. Landlord shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Landlord shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Landlord shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 10. RIGHT TO AUDIT. Landlord agrees that City or HUD shall, until the expiration of five (5) years after final payment under this Agreement, including any renewal terms, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Landlord involving transactions relating to this Agreement as HUD or the City may reasonably require at no additional cost to City or HUD. Landlord agrees that City or Rental Assistance Landlord Agreement Page 5 of 13 HUD shall have access during normal working hours to all necessary Landlord facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City or HUD shall give Landlord reasonable advance notice of intended audits. This section shall survive the expiration or termination of this Agreement. 11. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Landlord shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Landlord shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and subcontractor. Landlord acknowledges that the doctrine of respondent superior shall not apply as between City, its officers, agents, servants and employees, and Landlord, its officers, agents, employees, servants, Landlords and subcontractors. Landlord further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Landlord. It is further understood that City shall in no way be considered a Co -employer or a Joint employer of Landlord or any officers, agents, servants, employees or subcontractor of Landlord. Neither Landlord, nor any officers, agents, servants, employees or subcontractor of Landlord shall be entitled to any employment benefits from City. Landlord shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subcontractor. 12. LIABILITY AND INDEMNIFICATION. 12.1 LIABILITY - LANDLORD SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF LANDLORD, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 12.2 GENERAL INDEMNIFICATION - LANDLORD HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO LANDLORD'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF LANDLORD, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. LANDLORD ACKNOWLEDGES AND AGREES THAT CITY SHALL HAVE NO LIABILITY OR RESPONSIBLITY FOR ANY DAMA GES OF ANY KIND OR CHARA CTER Rental Assistance Landlord Agreement Page 6 of 13 TO THE UNIT RENTED TO THE TENANT OR ANY OTHER PROPERTY OWNED BY LANDLORD. Section 12 shall survive the expiration or termination of this Agreement. 13. ASSIGNMENT AND SUBCONTRACTING. 13.1 Assicnment. Landlord shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Landlord under which the assignee agrees to be bound by the duties and obligations of Landlord under this Agreement. Landlord and Assignee shall be jointly liable for all obligations of Landlord under this Agreement prior to the effective date of the assignment. 13.2 Subcontract. If City grants consent to a subcontract, sub Landlord shall execute a written agreement with Landlord referencing this Agreement under which sub Landlord shall agree to be bound by the duties and obligations of Landlord under this Agreement as such duties and obligations may apply. Landlord shall provide City with a fully executed copy of any such subcontract. 14. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. Landlord agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work performed at the Unit in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Landlord of any violation of such laws, ordinances, rules or regulations, Landlord shall immediately desist from and correct the violation. 15. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To LANDLORD: City of Fort Worth Arbrook Park Attn: Fernando Costa, Assistant City Manager 1401 Nandina Dr 200 Texas Street Arlington Tx 76014 Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 Rental Assistance Landlord Agreement Page 7 of 13 With copy to Fort Worth Neighborhood Services Department, Attention: Compliance Division at same address 16. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 17. NO WAIVER. The failure of City or Landlord to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Landlord's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 18. GOVERNING LAW / VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 19. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 20. FORCE MAJEURE. City and Landlord shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 21. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 22. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Rental Assistance Landlord Agreement Page 8 of 13 Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibit A. 23. AMENDMENTS/ MODIFICATIONS/ EXTENSIONS. No amendment, modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 24. ENTIRETY OF AGREEMENT. This Agreement, including Exhibit A, contains the entire understanding and agreement between City and Landlord, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 25. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as an original. 26. SIGNATURE AUTHORITY AND WARRANTY. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. By signing this Agreement, Landlord warrants that the Unit is in decent, safe, and sanitary condition as defined in 24 CFR Section 882.109, and that the Landlord has the legal right to lease the Unit during the term. 27. CHANGE IN COMPANY NAME OR OWNERSHIP Landlord shall notify City's Neighborhood Services Department, Compliance Division and City of Fort Worth Financial Management Services Department, Purchasing Division,, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Landlord or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 28. CONFIDENTIAL INFORMATION Rental Assistance Landlord Agreement Page 9 of 13 Landlord acknowledges that CITY is a governmental entity and is subject to the Texas Public Information Act ("Act"). By executing this agreement, Landlord acknowledges that this agreement will be publicly available on the CITY's website, and Landlord is therefore waiving any claim of confidentiality, whether based in statute or the common law, to any and all materials contained as part of this agreement including all documents and information referenced herein or attached hereto. 29. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL If Landlord has less than ten employees, this contract is for less than $100,000, or Landlord does not meet the definition of a "company" under the applicable section of the Texas Government Code, this provision shall not apply. Landlord acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Landlord certifies that Landlord's signature provides written verification to the City that Landlord: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 30. PROHIBITION ON BOYCOTTING ENERGY COMPANIES Landlord acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Landlord certifies that Landlord's signature provides written verification to the City that Landlord: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 31. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES Landlord acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Rental Assistance Landlord Agreement Page 10 of 13 Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Landlord certifies that Landlord's signature provides written verification to the City that Landlord: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. (signature page follows) Rental Assistance Landlord Agreement Page 11 of 13 ACCEPTED AND AGREED: CITY OF FORT WORTH: 7t" By: Name: Fernando Costa Title: Assistant City Manager Date: Jun 7, 2023 APPROVAL RECOMMENDED: By: Name: Victor Turner Title: Director Neighborhood Services Department ATTEST: p F°rrya�� By Name: Jannette Goodall Title: City Secretary LANDLORD: By Title: ntative Date: Jun 1, 2023 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. lazC - n. Pew By: Julie C. Pena (Jun 1, 202314:08 CDT) Name: Julie C. Pena, MSW Title: Sr. Human Services Specialist APPROVED AS TO FORM AND LEGALITY: By: u49aM4- Name: Jessika Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 22-0569 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Rental Assistance Landlord Agreement Page 12 of 13 EXHIBIT A Copy of Tenant's Lease Rental Assistance Landlord Agreement Page 13 of 13 In accordance with Texas law, we are providing the following flood disclosure: We ❑ are or ® are not aware that the unit you are renting is located in a 100-year floodplain. If neither box is checked, you should assume the unit is in a 100-year floodplain. Even if the unit is not in a 100-year floodplain, the unit may still be susceptible to flooding. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a unit is located in a flood hazard area. Most renter's insurance policies do not cover damages or loss incurred in a flood. You should seek insurance coverage that would cover losses caused by a flood. • We ❑ are or ® are not aware that the unit you are renting has flooded (per the statutory definition below) at least once within the last five years. As defined in Texas Property Code 92.0135(a}(2), "flooding" means `a general or temporary condition of a partial or complete inundation of a dwelling caused by (A) the overflow of inland or tidal waters; (B) the unusual and rapid accumulation of runoff or surface waters from any established water source such as a river, stream, or drainage ditch; or (C) excessive rainfall.' 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A wlgh lead level In melrsysxm Ypre or Mrbg pregnancy rlrk ¢pnln t the at us to ktl through me plrenta dull ng not I develop hard oTeulamrw 4womwar�3031 IN Blue Moan e5i¢nature SereiceS lbcurrent ID. 37593%121 part a5 Health Effects of Lead Check Your Family for Lead Lead affects the body in many ways. It is important to know that even exposure to low levels of lead can severely harm children. In children, exposure to lead can cause: Brem H.—Demege Hearing Nervous system and kidney damage Pmbiems Learning disabilities, attention -deficit disorder, and decreased intelligence owea Growth Speech, language, and behavior problems Poor muscle coordination Decreased muscle and bone growth Hearing damage j Digestive Problems / / While low -lead exposure is most common, Be ,ode ive iaa exposure to high amounts of lead can have b�i'.T devastating effects on children, including seizures, unconsciousness, and in some cases, death. Although children are especially susceptible to lead exposure, lead can be dangerous for adults, too. In adults, exposure to lead can cause: Harm to a developing fetus Increased chance of high blood pressure during pregnancy Fertility problems (in men and women) High blood pressure Digestive problems Nerve disorders Memory and concentration problems Muscle and joint pain Where Lead -Based Paint Is Found In general, the older your home or childcare facility, the more likely it has lead -based paint.' Many homes, including private, federally -assisted, federally - owned housing, and childcare facilities built before 1978 have lead -based paint. In 1978, the federal government banned consumer uses of lead -containing paint' Learn how to determine if paint is lead -based paint on page 7. Lead can be found: In homes and childcare facilities in the city, country, or suburbs, In private and public single-family homes and apartments, On surfaces inside and outside ofthe house, and In soil around a home. (Soil can pick up lead from exterior paint or other sources, such as past use of leaded gas in cars.) Learn more about where lead is found at epa.gov/lead. Get your children and home tested if you think your home has lead. Children's blood lead levels tend to increase rapidly from 6 to 12 months of age, and tend to peak at 18 to 24 months of age. Consult your doctor for advice on testing your children. A simple blood test can detect lead. Blood lead tests are usually recommended for: Children at ages 1 and 2 Children or other family members who have been exposed to high levels of lead Children who should be tested under your state or local health screening plan Your doctor can explain what the test results mean and if more testing will be needed. Identifying Lead -Based Paint and Lead -Based Paint Hazards Deteriorated lead -based paint (peeling, chipping, chalking, cracking, or damaged paint) is a hazard and needs immediate attention. Lead -based paint may also be a hazard when found on surfaces that children can chew or that get a lot of wear and tear, such as: On windows and window sills Doors and door frames • Stairs, railings, banisters, and porches Lead -based paint is usually not a hazard if it is in good condition and if it is not on an impact or friction surface like a window. Lead dust can form when lead -based paint is scraped, sanded, or heated. Lead dust also forms when painted surfaces containing lead bump or rub together. Lead paint chips and dust can get on surfaces and objects that people touch. Settled lead dust can reenter the air when the home is vacuumed or swept, or when people walk through it. EPA currently defines the following levels of lead in dust as hazardous: • 10 micrograms per square foot (pg/ft') and higher for floors, including carpeted floors 100 pg/ft' and higher for interior window sills Lead in soil can be a hazard when children play in bare soil or when people bring soil into the house on their shoes. EPA currently defines the following levels of lead in soil as hazardous: • 400 parts per million (ppm) and higher in play areas of bare soil • 1,200 ppm (average) and higher in bare soil in the remainder of the yard ' "Lead -based paint" is currently defined by the federal government as paint with Remember, lead from paint chips —which you can see —and lead lead levels greater than or equal to 1.0 milligram per square centimeter (mg/cm'), or dust —which you may not be able to see —both can be hazards. more than 0.5% by weight. ' "Lead -containing paint" is currently defined by the federal government as lead in new The only way to find out if paint, dust, or soil lead hazards exist is to dried paint in excess of 90 parts per million (ppm) by weight. test for them. The next page describes how to do this. 5 6 0 TExAs APARTMENT AssoaRnoN, INc., 2021 1Vf Blue Moon eSignature Services Document ID: 375939612 PAGE 2OF5 Checking Your Home for Lead Checking Your Home for Lead, continued You can get your home tested for lead in several different ways: A lead -based paint inspection tells you if your home has lead - based paint and where it is located. It won't tell you whether your home currently has lead hazards. A trained and certified testing professional, called a lead -based paint inspector, will conduct a paint inspection using methods, such as: Portable x-ray fluorescence (XRF) machine Lab tests of paint samples A risk assessment tells you if your home currently has any lead hazards from lead in paint, dust, or soil. It also tells you what actions to take to address any hazards. A trained and certified testing professional, called a risk assessor, will: Sample paint that is deteriorated on doors, windows, floors, stairs, and walls Sample dust near painted surfaces and sample bare soil in the yard Get lab tests of paint, dust, and soil samples A combination inspection and risk assessment tells you if your home has any lead -based paint and if your home has any lead hazards, and where both are located. Be sure to read the report provided to you after your inspection or risk assessment is completed, and ask questions about anything you do not understand. What You Can Do Now to Protect Your Family If you suspect that your house has lead -based paint hazards, you can take some immediate steps to reduce your family's risk: If you rent, notify your landlord of peeling or chipping paint. Keep painted surfaces clean and free of dust. Clean floors, window frames, window sills, and other surfaces weekly. Use a mop or sponge with warm water and a general all-purpose cleaner. (Remember: never mix amm nia and bleach products together because they can form a dangerous gas.) Carefully clean up paint chips immediately without creating dust. Thoroughly rinse sponges and mop heads often during cleaning of dirty or dusty areas, and again afterward. Wash your hands and your children's hands often, especially before they eat and before nap time and bed time. Keep play areas clean. Wash bottles, pacifiers, toys, and stuffed animals regularly. Keep children from chewing window sills or other painted surfaces, or eating soil. When renovating, repairing, or painting, hire only EPA- or state - approved Lead -Safe Certified renovation firms (see page 12). Clean or remove shoes before entering your home to avoid tracking in lead from soil. Make sure children eat nutritious, low -fat meals high in iron, and calcium, such as spinach and dairy products. Children with good diets absorb less lead. In preparing for renovation, repair, or painting work in a pre-1978 home, Lead -Safe Certified renovators (see page 12) may: • Take paint chip samples to determine if lead -based paint is present in the area planned for renovation and send them to an EPA -recognized lead lab for analysis. In housing receiving federal assistance, the person collecting these samples must be a certified lead -based paint inspector or risk assessor Use EPA -recognized tests kits to determine if lead -based paint is absent (but not in housing receiving federal assistance) • Presume that lead -based paint is present and use lead -safe work practices There are state and federal programs in place to ensure that testing is done safely, reliably, and effectively. Contact your state or local agency for more information, visit epa.gov/lead, or call 1-800-424-LEAD (5323) for a list of contacts in your area' ' Hearing -or speech -challenged individuals may access this number through TTY by calling the Federal Relay service at 1-800-877-8339. Reducing Lead Hazards Disturbing lead -based paint or im removing lead improperly can increase the hazard to your family by spreading even more lead dust aroundthe house.• In addition to day-to-day cleaning and good nutrition, you can temporarily reduce lead -based paint hazards by taking actions, such as repairing damaged painted surfaces and planting grass to cover lead - contaminated soil. These actions are not permanent solutions and will need ongoing attention. • You can minimize exposure to lead when renovating, repairing, or painting by hiring an EPA- or state - certified renovator who is trained in the use of lead -safe work practices. If you are a do-it-yourselfer, learn how to use lead -safe work practices in your home. • To remove lead hazards permanently, you should hire a certified lead abatement contractor. Abatement (or permanent hazard elimination) methods include removing, sealing, or enclosing lead -based paint with special materials. Just painting over the hazard with regular paint is not permanent control. Always use a certified contractor who is trained to address lead hazards safely. • Hire a Lead -Safe Certified firm (see page 12) to perform renovation, repair, or painting (RRP) projects that disturb painted surfaces. • To correct lead hazards permanently, hire a certified lead abatement contractor.This will ensure your contractor knows how to work safely and has the proper equipment to clean up thoroughly. Certified contractors will employ qualified workers and follow strict safety rules as set by their state or by the federal government. © TEXAS APARTMENT ASSOCIATION, INC.,2021 1Vf Blue Moon eSignature Services Document ID: 375939612 1 PAGE 3OF5 Reducing Lead Hazards, continued Renovating, Repairing or Painting a Home with Lead -Based Paint If your home has had lead abatement work done or if the housing is receiving federal assistance, once the work is completed, dust cleanup activities must be conducted until clearance testing indicates that lead dust levels are below the following levels: • 10 micrograms per square foot (pg/ft') for floors, including carpeted floors 100 µg/ft2 for interior windows sills 400 µg/ft2 for window troughs Abatements are designed to permanently eliminate lead -based paint hazards. However, lead dust can be reintroduced into an abated area. • Use a HEPA vacuum on all furniture and other items returned to the area, to reduce the potential for reintroducing lead dust. • Regularly clean floors, window sills, troughs, and other hard surfaces with a damp cloth or sponge and a general all-purpose cleaner. Please see page 9 for more information on steps you can take to protect your home after the abatement. For help in locating certified lead abatement professionals in your area, call your state or local agency (see pages 15 and 16), epa.gov/lead, or call 1-800-424-LEAD. Other Sources of Lead Lead in Drinking Water The most common sources of lead in drinking water are lead pipes, faucets, and fixtures. Lead pipes are more likely to be found in older cities and homes built before 1986. You can't smell or taste lead in drinking water. To find out for certain if you have lead in drinking water, have your water tested. Remember older homes with a private well can also have plumbing materials that contain lead. Important Steps You Can Take to Reduce Lead in Drinking Water Use only cold water for drinking, cooking and making baby formula. Remember, boiling water does not remove lead from water. Before drinking, flush your home's pipes by running the tap, taking a shower, doing laundry, or doing a load of dishes. Regularly clean your faucet's screen (also known as an aerator). If you use a filter certified to remove lead, don't forget to read the directions to learn when to change the cartridge. Using a filter after it has expired can make it less effective at removing lead. Contact your water company to determine if the pipe that connects your home to the water main (called a service line) is made from lead. Your area's water company can also provide information about the lead levels in your system's drinking water. For more information about lead in drinking water, please contact EPA's Safe Drinking Water Hotline at 1-800-426-4791. Ifyou have other questions about lead poisoning prevention, call 1-800424-LEAD.* Call your local health department or water company to find out about testing your water, or visit epa.gov/safewater for EPA's lead in drinking water information. Some states or utilities offer programs to pay for water testing for residents. Contact your state or local water company to learn more. * Hearing- or speech -challenged individuals may access this number through TTY by calling the Federal Relay Service at 1-800-877-8339. If you hire a contractor to conduct renovation, repair, or painting (RRP) projects in your pre-1978 home or childcare facility (such as pre-school and kindergarten), your contractor must: • Be a Lead -Safe Certified firm approved by EPA or an EPA -authorized state program j • Use qualified trained individuals (Lead -Safe Certified renovators) who follow specific lead -safe work practices to prevent lead contamination • Provide a copy of EPA's lead hazard information document, The Lead -Safe Certified Guide to Renovate Right RRP contractors working in pre-1978 homes and childcare facilities must follow lead -safe work practices that: • Contain the work area.The area must be contained so that dust and debris do not escape from the work area. Warning signs must be put up, and plastic or other impermeable material and tape must be used. • Avoid renovation methods that generate large amounts of lead -contaminated dust. Some methods generate so much lead - contaminated dust that their use is prohibited.They are: Open -flame burning or torching • Sanding,grinding,planing, needle gunning, or blasting with power tools and equipment not equipped with a shroud and HEPA vacuum attachment • Using a heat gun at temperatures greater than 1100°F Clean up thoroughly. The work area should be cleaned up daily. When all the work is done, the area must be cleaned up using special cleaning methods. Dispose of waste properly. Collect and seal waste in a heavy duty bag or sheeting. When transported, ensure that waste is contained to prevent release of dust and debris. To learn more about EPA's requirements for RRP projects, visit epa.gov/getleadsafe, or read The Lead -Safe Certified Guide to Renovate Right. Other Sources of Lead, continued • Lead smelters or other industries that release lead into the air. • Your job. If you work with lead, you could bring it home on your body or clothes. Shower and change clothes before coming home. Launder your work clothes separately from the rest of your family's clothes. • Hobbies that use lead, such as making pottery or stained glass, or refinishing furniture. Call your local health department for information about hobbies that may use lead. • Old toys and furniture may have been painted with lead -containing paint. Older toys and other children's products may have parts that contain lead ° • Food and liquids cooked or stored in lead crystal or lead -glazed pottery or porcelain may contain lead. • Folk remedies, such as "greta" and "azarcon, used to treat an upset stomach. In 1978, the federal government banned toys, other children's products, and furniture with lead -containing paint. In 2008, the federal government banned lead inmost children's products. The federal government currently bans lead in excess of 100 ppm © TEXAS APARTMENT ASSOCIATION, INC., 2021 Zvi Blue Moon eSignature Services Document ID: 375939612 1 PAGE 4OF5 Fondle.. Ilafaan•mian Ceaaslrnr Praduel Safely C mksk— ftPSU nr.nwrrr I.wlaw.wi.a elan✓ W m M.'M m rrrm.xt tliitlm Trap Inatl pdcpneg rtl gat otMr ar6rrnatren ✓.Dort Natl naaatlsmxMw.n n �agowsarnvn«.red IruLLgow'Matl, a raa f daa�2a1Ea.6[532i}- Frwbt�irr.tm aoaal�rtlrnarrwrn rl tam..ze-.Tat.a g waucc vart.pagowran mr rnansaarrm ✓.out trn H drrxrng ✓rain e:.nwrra.r PYtluR 5atatgr earr.rrm.n teps4 HMana inmyer tluct:..rm ✓.port an unrtl�mnunwr protluctu Pratludrda[w inJury,crl 1 i0YQ3i-IT7; or WH[ [PSCY nW slM.t gpx.gov or urarpronuctcgorc rtr wg.n love tra.r..rw c--_- I..wtn�rr ow. nr«rwaa m r.e. baud paler-elrac ✓vein ywr locr q.ncy m u. 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Oapar4 of Hausing and urban navJepnMad { N uD] HlJ Of mlsswn a m Heim stmng asrt.m.bk, mduclve mnunitlesandqu.lky.Hud.blehones mr r L Offs of L..d H.T.rd Cantrd .red Huhhy Homes for f their mmrm.tbn regard mg the Leal Safe Housing lesle,wNch gamtectsf Illes Ir pe-r9�a .ssisted hasmg,.nd fa NeiIe.d hm co 1.nd rccearch grnt programs 1 Seventh Str«t, Siht fman ax3a Hach m�m �bC m¢io-3000 hud,gwl lead IMPORTANT. Lead fear Pa I M, o u t, a nd sad ti and An—d ■eu t Hama [a n Re 6angaeaus 9 Net M..gad Pteprly CJaWvi rde Byers dd are mor. a: r.<krlew pmmrg n yarmm�e lad Woar ran loan young ridden oar dh—Den bdaa tl q aae hmn Hmnasdiws, and d W ✓arc 4silrs bur ihdae iWE arc Wyt mman._. riled pet Even dW— sin Henn heahlgr may hoe drngams Inds oFlod nNsbodre OavMgada¢swd._. deed pntprrmorng iodbued pant rpnpd4 on nrrase tie AnW v yovf—dy. Pmpk on gn lod.no thr hods byboding or s.dowg lod dust m by erg d m pntdy mnanng mod. Feople here marry opaor. forredumg lead h cards G—ft 6 ._ _ . p—lire n gmd mM—. a m- and l.er page IM 0 Texas Department of Stag Health Strvicrs-51 ]f458-7111 0 HUD Healthy Homes and Lead Hazard Central-2021755-1785 0 EPA Replan 6Office firtcludes Texm—214/665-2704 0 CPSC--&W638-2772 0 National Lead Information Center-800/424-5323 FEDERALLY REQUIRED LESSOR DISCLOSURE AG ENT STATEMENT AND LE SSE EACKNOWLEDGMENT OF INFORMATIONON LEAD -BASED PAINTAND LEAD -BASED PAINT HAZARDS LEAD WAR MING STATEMENT Housing built before 1978may contain lead -based paint. Lead from paint, pai nt chips, and dust can pose health haz- ards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors (owners) must disclose the presence of known lead -based paint and/or lead -based paint hazards in the dwelling. Lessees (residents) must also receive a federally approved pamphlet on lead poisoning prevention. (This addendum isa"pamphlet"wlthlnthe meaning offederal regulations. The term in the housing' below means either I nslde or outside the ho usl ng unit) LEAD-FREE HOUSING If the housing unit has been certified as'lead free'accordirig to 24 CFR Section 3522, the lead -based paint and lead -based paint hazard reg ulat ions do not apply, and it Is not necessary to provide th Is adde nd um, o r a lead -based paint warning pa m ph let a nd lead -based paint disclosure statement, to the lessee (resident). LESSOR'S DISCLOSURE Presence of I*W-based paint and/or lead -based pal nt hazards (check only one bar) ® Lessor (owner) has no knowledge of lead -based pai ret and/or lead -based pal nt ham rds In the housing. ❑ Lessor (owner) knows that lead -haled paint and/or lead -based paint hazards are present In the housing (expkin). Records and reports anal lable to Irsser (check only one box) 2 Lessor (owner) has no reports or records pertaining to lead -based pal nt and/or lead -based paint hazards In the housing. ❑ Lessor (owner) has reports or records Indicating the presence ofsome lead -based paint and/or lead -based palm hazards In the housing, and has provided the lessees (residents) with all such records and reports that are available to lessor Oistdocaments). Ag*nYs Statement. I f anot her pe rso n or entity Is Involved in leasing the dwelling as an agent of t he lessor (he., as a managem ent com pa ny, real estate agent or locator service acting for the owner), such agent re presents that: (1) agent has i nfor med the lessor of the lessor's o bl I gat Ions under 42 U.S.C. 4852(d); and (2) agent Is aware of agents responsibility to ensure that lessor complies with such disclosure laws. Such compliance may be through lessor himself or herself, or through lessor's employees, officers o r agents. Lessor's o bl igations include those in 24 C F R Sections 35 M and 35.92 and 40 CFR Sect lons 745.107 and 745.113. Agents obi igations I nd ude those In 24 CFR Section 35.94 and 40 CFR Section 745.115. Accuracy CartlRcatlens a nd R"denYs Aeknewledg ment. Lessor and any agent named below certify that to the best of t he i r knowledge the above information and statements made or provided by them, respectively are true and accurate. The person who s Igns for the LESSOR maybe: (1) the owner hlmselfor herself; (2)anemployee, officer or partner of the owner; or (3) a representative of the owners management company, real estate agent or locator servl ce If s uch person is authorized to sign for the lessor. The person who signs for the AGENT maybe: (1) the agent himself or herself, or (2) an employee, officer or partner of the agent if such pe rso n Is authorized to s Ign fort he age nt. The lessees (residents) sign i rg below ack nowledge that they have race ived a copy oft his TAA lease addendum before becoming obligated under the lease and have been informed that it contains the disclosure Lessee (Resident) Datesigned Lessee (Resident) Datesigned Lessee (Resident) Lessee (Resident) ArIarook Park_GardlenJ LP__ Printed name of LESSOR (owner) of the dwelling Datesigned Lessee (Resident) Datesigned Lessee (Resident) Signature of person signing on behalfefabcve LESSOR Datesigned Datesigned Datesigned HarborGroup Kanacjegnm Compan�t__ Printed na me of any AGENT of lessor, i.e., ma nage me nt company, real estate agent or locator service involved in leasing the dwelling :r 05/24J2023 SignatuRofperson signingonbehalf ofabo AGENTifany Datesigned You are en tAkd to receive a copy d this Addendum after It is ffdly signed. Keep It in a safe pkaE. TAA Offida I Statewide For m 21-AABB/CC lb � serfs Copyright October, 2021, Texas Apartment Association, Inc. �= J,A Blue Moon e5ienatureServices Document ID: 375939612 1 �.r + This Lease is valid only if filled out before January 1, 2024. ■ 1 F\,N:",.,kz I ,IJ .,I ISSfi[:I VI JoN Apartment Lease Contract This is a binding contract. Read carefully before signing. This Lease Contract ("Lease") is between you, the resident(s) as listed below and us. The terms "you" and "your" refer to all residents. The terms "we, "us," and "our" refer to the owner listed below. Occupants LEASE DETAILS 1. Definitions. The following terms are commonly used in this Lease: 1.1. "Residents" are those listed in "Residents" above who sign the 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 the 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. 2. Apartment. You are leasing the apartment listed above for use as a private residence only. 2.1. Access. In accordance with our Community Policies, you'll receive access information or devices for your apartment and mailbox, and other access devices including: Gate Remote 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 mustpayyourRenton orbeforethe lstdayofeach month (due date) without demand. There are no exceptions regarding the payment of Rent and you agree not paying Rent on or before the 1st of each month is a material breach of this Lease. 3.1 3.2. 3.3. 3.4. 3.5. 3.6. Payments. You will pay your Rent by any method, manner and place we specify in accordance with our Community Policies. Cash is not acceptable without our prior written permission. You cannot withhold or offset Rent unless authorized bylaw. We may, at our option, require at any time that you pay Rent and other sums due in one single payment by any method we specify. 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 ofwhen the obligations arose. All sums otherthan Rent and late fees are due upon our demand. After the due date, we do not have to accept any payments. Late Fees. If we don't receive your monthly base rent in full when it's due, you must pay late fees as outlined in Lease Details. Returned Payment Fee. You'll pay the fee listed in Lease Details for each returned check or rejected electronic payment, plus initial and daily late fees if applicable, until we receive full payment in an acceptable method. Utilities and Services. You'll pay for all utilities and services, related deposits, and any charges or fees when they are due and as outlined in this Lease. Television channels that are provided may be changed during the Lease term ifthe 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 ofyour move - out date.lfyou delay getting service turned on in your name by the 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 afteryou move out. 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. 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. Ifthe numberofdays isn'tfilledin, no- tice of at least 30 days is required. Security Deposit. The total security deposit for all residents is due on or before the date this Lease is signed. Any animal deposit will be designated in an animal addendum. Security deposits may not be ap- plied to Rent without our prior written consent. 5.1. Refunds and Deductions. You must aive us vour advance notice of move out as Drovided by Par. 25 and forwardinc_ address in writina to receive a written dgscriotion and itemized list of charaes or refund. In accordance with our Community Policies and as allowed by law, we may deduct from your security deposit any amounts due under the Lease. If you move out earlvor in resoonse to a notice to vacate, vou'll be liable for rekevina charaes. Upon receipt of your move -out date and forwarding address in writing, the security deposit will be returned (less lawful deductions) with an itemized accounting of any deductions, no later than 30 days after surrender or abandonment, unless laws provide otherwise. Any refund may be by one payment jointly payable to all residents and distributed to any one resident we choose, or distributed equally among all residents. Insurance. Our insurance doesn't cover the loss of or damage to yourpersonal property. You will be required to have liability insur- ance as specified in our Community Policies or Lease addenda un- less otherwise prohibited by law. If you have insurance covering the apartment or your personal belongings 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 occurrences. Most renter's insurance policies don't cover losses due to a flood. Reletting and Early Lease Termination. This Lease may not be ter- minated early except as provided in this Lease. 7.1. Reletting Charge. You'll be liable for a reletting charge as listed in Lease Details, (not to exceed 85%of the highest monthly Rent during the Lease term) ifyou: (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 Procedures. In addition to your termination rights referred to in 7.3 or 8.1 below, if this provision applies under Lease Details, you may terminate the Lease prior to the end of the Lease term ifall ofthe following occur. (a) as outlined in Lease Details, you give us written notice of early termination, pay the early termination fee 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 mayhave the right under Texas lawto terminate the Lease earlyin certain situations involving military deployment or transfer, family violence, certain sexual offenses, stalking or death of a sole resident. Delay of Occupancy. We are not responsible for any delay of your occupancy caused by construction, repairs, cleaning, or a previous resident's holding over. This Lease will remain in force subjectto (1) abatement of Rent on a daily basis during delay, and (2) your right to terminate the Lease in writing as set forth below. Rent abatement and Lease termination do not apply ifthe 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 the Lease begins, you may termi- nate the Lease within 3 days after you receive written notice. If we give you written notice before the date the 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 the 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. Apartment Lease Contract @2022, Texas Apartment Association, Inc. 1Vf Blue Moon eSignature Services Document ID: 375939612 1 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 charges, or cost of repairs or service in the apartment community because of a Lease or Community Policies 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 byimproper objects in lines exclusively serving your apartment; (B) damage to doors, windows, orscreenr and (C) damage from windows ordoors leftopen. RESIDENT 10. Community Policies. Community Policies become part ofthe Lease andmustbe followed. We may make changes, including addi- tions, to our written Community Policies, and those changes can be- come effective immediately ifthe Community Policies are distributed and applicable to all units in the apartment community and do not change the dollar amounts in Lease Details. 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 solejudgment, have been violating the law, violating this Lease or our Community Policies, or disturbing other residents, neighbors, visitors, or owner representatives. We may also exclude from any outside area or common area anyone who refuses to show photo identification or refuses to identify himself or herself as a resident, an authorized occupant, or a guest of a specific resident in the community. Anyone not listed in this Lease cannot stay in the apartment for more than__ 7--- days inone week without our prior written consent, and no more than twice that many days in any one month. Ifthe 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 ifyou 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 and Noise. You agree that odors, smoke and smells including those related to cooking and everyday noises or sounds 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 is a breach of this Lease. You must use customary diligence in maintaining the apartment, keeping it in a sanitary condition and not damaging or littering the common areas. Trash must be disposed of at least weekly. You will use your apartment and all other areas, including any balconies, with reasonable care. We may regulate the use of passageways, patios, balconies, porches, and activities in common areas. 11.1. Prohibited Conduct. You, your occupants, and your guests will not engage in certain prohibited conduct, including the following activities: (a) criminal conduct; manufacturing, delivering, or possessing a controlled substance or drug parapher- nalia; engaging in or threatening violence; possessing a weapon prohibited by state law; discharging a firearm in the apartment community; or, except when allowed by law, displaying or possessing a gun, knife, or other weapon in the common area, or in a way that may alarm others; (b) behaving in 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; Q) making bad -faith or false allegations against us or our agents to others; (k) smoking of any kind, that is not in accordance with our Community Policies or Lease addenda; (1) using glass containers in or near pools; or (m) conducting any kind of business (including child-care services) in your apartment or in the apartment community —except for any lawful business conducted "at home" by computer, 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 ofanykind are allowed, even tempo- rarily, anywhere in the apartment or apartment community un- less we've given written permission. Ifwe allow an animal, you must sign a separate Animal Addendum and, except as set forth in the ad- dendum, pay an animal deposit and applicable fees and additional monthly rent, as applicable. An animal deposit is considered a gener- al security deposit. You represent that any requests, statements and representations you make, including those for an assistance or sup- port animal, are true, accurate and made in good faith. Feeding stray, feral or wild animals is a breach ofthis 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 overto 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 ofthe 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. Ifyouor any guest or occupant violates the animal restrictions of this Lease or our Community Policies, you'll be subject to charges, damages, eviction, and other remedies provided in this Lease, including animal violation charges listed in Lease Details from the date the animal was brought into your apartment until it is removed. If an animal has been in the apartment at any time during your term of occupancy (with or without our consent), we'll charge you for all cleaning and repair costs, including defleaing, deodorizing, and shampooing. Initial and daily animal -violation charges and animal -removal charges are liquidated damages for our time, inconvenience, and overhead in enforcing animal restrictions and Community Policies. 13. Parking. You may not be guaranteed parking. We may regulate the time, manner, and place of parking of all motorized vehicles and other modes of transportation, including bicycles and scooters, in our Community Policies. 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 ofthe vehicle owner or operator, any vehicle that is not in compliance with our Community Policies. 14. When We May Enter. Ifyou or any other resident, guest or occupant is present, then repair or service persons, contractors, law officers, government representatives, lenders, appraisers, prospective resi- dents or buyers, insurance agents, persons authorized to enter under your rental application, or our representatives may peacefully enter the apartment at reasonable times 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 02022, Texas Apartment Association, Inc. lVf Blue Moon eSignature Services Document ID: 375939612 1 Page 3 of 6 15. Requests, Repairs and Malfunctions. 15.1. Written Requests Required. Ifyou or any occupant needs to send a request —for example, for repairs, installations, services, ownership disclosure, orsecurity-related matters — it must be written and delivered to our designated representative in accordance with our Community Policies (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 whetheror 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 our Community Policies. Air conditioning problems are normally not emergencies. 15.3. Utilities. We may change or install utility lines or equipment serving the apartment if the work is done reasonably without substantially increasing your utility costs. We may turn off equipment and interrupt utilities as needed to perform work or to avoid property damage or other emergencies. If utilities malfunction or are damaged by fire, water, or similar cause, you must notify our representative immediately. 15.4. Your Remedies. We'll act with customary diligence to make repairs and reconnections within a reasonable time, taking into consideration when casualty -insurance proceeds are received. Unless required by statute after a casualty loss, or during equipment repair, your Rent will not abate in whole or in part. "Reasonable time' accounts for the severity and nature of the problem and the reasonable availability of materials, labor, and utilities. If we fail to timely repair a condition that materially affects the physical health or safety of an ordinary resident as required by the Texas Property Code, you may be entitled to exercise remedies under § 92.056 and § 92.0561 of the Texas Property Code. If you follow the procedures under those sections, the following remedies, among others, may be available to you: (1) termination of the Lease and an appropriate refund under 92.056(f); (1) have the condition repaired or remedied according to § 92.0561; (3) deduct from the Rent the cost of the repair or remedy according to § 92.0561; and 4) judicial remedies according to § 92.0563. 16. Our Right to Terminate for Apartment Community Damage or Closure. If, in our solejudgment, damages to the unit or building are significant or performance of needed repairs poses a danger to you, we may terminate this Lease and your right to possession by giving you at least 7 days' written notice. If termination occurs, you agree we'll refund only prorated rent and all deposits, minus lawful deduc- tions. We may remove your personal property if, in our solejudg- ment, it causes a health or safety hazard or impedes our ability to make repairs. 16.1. Property Closure. We also have the right to terminate this Lease and your right to possession by giving you at least 30 days' written notice of termination if we are demolishing your apartment or closing it and it will no longer be used for residential purposes for at least 6 months, or if any part of the property becomes subject to an eminent domain proceeding. 17. Assignments and Subletting. You may not assign this Lease or sub- let your apartment. You agree that you won't rent, offer to rent or license all or any part of your apartment to anyone else unless other- wise agreed to in advance by us in writing. You agree that you won't accept anything of value from anyone else for the use of any part of your apartment. You agree not to list any part of your apartment on any lodging or short-term rental website or with any person or ser- vice that advertises dwellings for rent. 18. Security and Safety Devices. We'll Dav for missing securitv de- vices that are reauired by law. You'll oav for: (A) rekevina that you reauest (unless we failed to rekev after the previous resi- dent moved out): and (B) repairs or replacements because of misuse or damage by you or vour family, vour occupants, or vour guests. 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. 92.157, 92.753, and 92.154 require, with some exceptions, that we provide at no cost to you when occupancy begins: (A) a windowlatch on each window; (8) a doorviewer (peep- hole or window) on each exterior door; (C) a pin lock on each sliding door, (D) either a door -handle latch or a security bar on each sliding door; (E) a keyless bolting device (deadbolt) on each exterior door; and (F) either a keyed doorknob lock or a keyed deadbolt lock on one entry door. Keyed locks will be rekeyed after the prior resident moves out. The rekeying will be done either before you move in or within 7 days after you move in, as required by law. If we fail to in- stall or rekey security devices as required by law, you have the right to do so and deduct the reasonable cost from your next Rent pay- ment under Texas Property Code sec. 92.765(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 (B) the require- ments of Texas Property Code sec. 92.153(e) or (f) are satisfied. 18.1. Smoke Alarms and Detection Devices. We'll furnish smoke alarms or other detection devices required by law or city ordinance. We may install additional detectors not so required. We'll test them and provide working batteries when you first take possession of your apartment. Upon request, we'll provide, as required by law, a smoke alarm capable of alerting a person with a hearing impairment. You must pay for and replace batteries as needed, unless the law provides otherwise. We may replace dead or missing batteries at your expense, without prior notice to you. Neither you nor your guests or occupants may disable alarms or detectors. If you damage or disable the smoke alarm or remove a battery without replacing it with a working battery, you may be liable to us under Texas Property Code sec.92.2611 for $100 plus one month's Rent, actual damages, and attorney's fees. 18.2. Duty to Report. You must immediately report to us any missing, malfunctioning or defective security devices, smoke alarms or detectors. You'll be liable if you fail to report malfunctions, or fail to report any loss, damage, or fines resulting from fire, smoke, or water. 19. Resident Safety and Loss. Unless otherwise required bylaw, none of us, our employees, agents, or management companies are liable to you, your guests or occupants for any damage, personal injury, loss to personal property, or loss ofbusiness or personal income, from any cause, including but not limited to: negligent or intention - alacts ofresidents,occupants, or guests theft burglary, assault vandalism or other crimes; fire, flood, waterleaks, rain, hail, ice, snow, smoke, lightning, wind, explosions, interruption ofutilities, pipe leaks or other occurrences unless such damage, injury or loss is caused exclusively by our negligence. We do not warrant security of any kind. You a re that you w i I I 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'll be given an Inventory and Condition Form at or before move -in. You agree that after completion ofthe 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 ofdetermining 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 our Community Policies state 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, Apartment Lease Contract 02022, Texas Apartment Association, Inc. Iv/1 Blue Moon eSignature Services Document ID: 375939612 1 Page 4 of 6 cameras, video or other doorbells, 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 ifyou 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, including 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 ofthe apartment constitute notice to all residents. Notices and requests from any resident constitute notice from all residents. Only residents can give notice of Lease termination and intent to move out under Par. 7.3. All notices and documents will be in English and, at our option, in any other language that you read orspeak. 21.1. Electronic Notice. Notice may be given electronically by us to you if allowed by law. If allowed by law and in accordance with our Community Policies, electronic notice from you to us must be sent to the email address and/or portal specified in Community Policies. Notice may also be given by phone call or to a physical address if allowed in our Community Policies. You represent that you have provided your current email address to us, and that you will notify us in the event your email address changes. 22. Liability. Each resident is jointly and severally liable for all Lease obligations. If you or any guest or occupant violates the Lease or our Community Policies, all residents are considered to have violated the Lease. 22.1. Indemnification byYou.You7ldefend indemnifyondholdus and ouremployees, agents, and managementcompany harmless from alllfabilityarising from yourconductor requests to ourrepresentatives 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. lfyoudefault, including holding over, wemay 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 liabilityfor future Rent or other Lease obligations. After giving notice to vacate or filing an eviction suit, we may still accept Rent or other sums due, the filing 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 ofthe 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 the 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 ofthe previously signed lease of a new resident who can't occupy because ofthe 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- agencyfees ifyou 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 ifyou 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 orany part ofit unlessin writing andsigned, and no authority to make promises, rep- resentations, oragreements thatimposesecurityduties orotherob- 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, or any other 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 if you 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. 25. Move -Out Notice. Beforemovingout you must give our represen- tative advance written move -out notice as stated in Par. 4, even if the 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 ofthe following: (a) Unless we require more than 30 days' notice, ifyou give notice on the first day ofthe 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 the Lease before the end ofthe 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 ofthe 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 ofyour notice. 26. Move -Out Procedures. 26.1. Cleaning. You must thoroughly clean the apartment, including doors, windows, furniture, bathrooms, kitchen appliances, patios, balconies, garages, carports, and storage rooms. You must follow move -out cleaning instructions ifthey 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 normal wear (that is, wear or soiling that occurs without negligence, carelessness, accident, or abuse). Apartment Lease Contract 02022, Texas Apartment Association, Inc. 1Vf Blue Moon eSiQnature Services Document ID: 375939612 1 Page 5 of 6 26.2. Move -Out Inspection. We may, but are not obligated to, provide a jo i nt move -out i nspection. Our representatives have no authority to bind or I mit us regarding deduct ions fo r repairs, damages, or charges. Any state me nts or estimates by us or ou r representative are su bject to ou r m rrectio n, mad i- ficatio n, or di sap p roval befo refinal acco unt i nrg o r refunding. 27. Surrenderand Abandonment. You have surrendered the apartment when: (A)the mave-outdate has passedand noose is living inthe apartment in our reasonable judgment; or (B) apartment keys and ac- cess dev ices listed in Par. 2.1 have bee n t urned into us—wh icheve r hap pens fi rst. You have abandoned the apart me nt whe n a I I oft he to I lowi ng have occur red: (A) everyo ne ap pea rs to have moved o ut i n o ur reasonab le j udgme nt (B) yoLYve bee n i n defaul t fo r no npayment of Re nt for 5 consecutive days, or water, gas, or a lectric service for the apartment not co nnected i n ou r na me has bee n to r mi hated or t ra nsk r red; and (C) you've not responded for 2 days to our notice left on the inside of t he mai n e nt ry door stat i ng t hat we m nsi de r the apa rt me nt a ba n- doned. An apart me nt is also cons ide red a bandoned 10 days afte r the death ofasole resident 27.1. TheEnd ingofYou rRig hts.Surrender,abandonmentor j udi cial ev id ion a nds yo ur rig ht of possessio n fa r al I p ur poses a nd g ives us t he i m mediate r ight to clean u p, make re pa i rs i n, a nd re let the apartment dete rm i ne a ny secu rity-de posi t deductions; and remove or store property left i n the a partment 27.2. Removal and Storage of Property. We, or law officers, may— b ut have no d uty tome move or store al I p rope rty t hat i n our sole judgment belongs to you and remains in the apartment o r i n commo n areas (i ncl ud i erg any ve h icles you or a ny occupant or guest owns o r uses) afte r yoLYrejudicial ly evicted o r if you su rre nde r or a ba radon t he a partme nt. We're not liable for casuolty, Joss, damage, or theft. Yo u m ust pay rea sonab le charge s for ou r packi ng, re mov i rag a nd storing any property. Except for animals, we may throwaway or give to a charitable o rgani zatio n al I pe rso na I p ro perty that is: (lj left in the apartment after surrender or abandonment or (2) left outside more than 1 hour after writ of possession is executed, fol Iowirig judicial eviction. An ani mal removed after surrender, abandonment, or eviction maybe kenneled or turned over to local authority, humane society, or rescue organization. 22. TAA Membership. We, the management company representing us, or any I ocator service that you used confirms mem be rshi p in good stand i rag of both the Texas Apart me nt As and atio n and the affiliated Iota I a partme nt associat ion for the area where the a pa rtme nt is located at t he ti me of s ign i ng t his Lease. If not, t he to I lowi ng ap p I ie s: (A) thi s Lease i s voidab le at you r opto n and is unenforceab le by us (except for property damages]; and (9) we may not recover past or fat re rent or othe r cha rges. The above re med ies a Iso a pp ly if both oft he fol Iowi ng o¢u r: (1) the Lease is a uto mat ical I y re newed on a month-to-mo nth bas is more than o nce afte r me mbe rsh i p i n TAA and the local association has lap sed;arid (2) neither the owne r nor the man- age ment comps ny is a me mbe r of TAA and the local association duri ng the thi rd automatic re news I. A signed affidav it from the affi I iated local apartment association attesting to nonmembership when the Lease or renewal was signedwiII be conducive evidence of nonmembership. Gave rnme nta I entities may u se TAA forms if TAA agrees i n writ ing. Name, address and telephone number of locator service pf appl fable] 29. Severa bil ity and Survivability. If any provision of this Lease is invalid or unenforceable under applicable law, it Hsu n't invalidate the remain- der of the Lease or change the intent of t he parties. Paragraphs 10.1, 10.2,16, 27 and 31 shal I survive the ter mi nation of th is Lease. Th is Lease bi nd s s ub sequent owne rs. 30. Control li ng Law. Texas I aw gave r ns th is Lease. Al I I i tigatio n ar isi ng unde r thi s Lea se a nd al I Lease ob I !gat ons must be b ro ught i n the m unty, a nd p reci nct if ap p I icab le, where the a pa rt me nt is located. 31. Waivers. By signi ng this Lease, you agree to the fol lowing: S1.1. Class Action Waiver. You agree that you will not participate I n any cla ss act ion cla i ms agai nst us or ou r emp loyms, age nts, or management company. You must file any claim against us i nd ivid ua I ly, and you expressly waive yo ur righ t to briny, represent join or aOerwisemaintain aclass action, collective action or similar proceeding again t us in any forum. YOU UNDERSTANDTHAT, WITHOUT THIS WAIVER.YOU COULD BE A PARTY IN A CLASSACTION LAW SU IT. BY SIGNING THIS LEASE YOHACCEPT THISWAMERAN❑ r_I4QQSETO HAVE ANYCLAIMC DECI6E0IN1)IVIDUALLY- TH EPROVISIONSOFTHISPARAGRAPH SHALLSURVIVE TH E T ERMI NATION O R EXPIRATION O F TH IS LEASE, 31.2. Force Majeu re. I f we are preve nted fro m co mpleti ng substan- tia I pe rformance of any o bl igat ion u nder t his Lease by occur re aces that are beyond ou r co ntrol, i ncI udi ng b Lit not I i mite to, a n act of God, str i kes, e p idemi cs, wa r, acts of to rroris m r lots, fl ood, fi re, hur rica ne, tornado, sabotage o r gove rnmenta I regu Iati on, then we s ha I I be excused fro m any furthe r pe rfor mance of ob I igatio ns to t he fu I lest exte nt allowed by law. 32. S pecial Provisions. The fo I Iowi ng, or attached Special Provisi ons a nd any adde nda or Cam muni ty Po I icies provided to yo u, are pa rt oft hi s Lease and supersede any conflict1nrg provisions in this Lease. Ownership Entity: Arbrook Park Gardens, LP. Rent Payments: We require that pavmenta be made through the resident Portal found at www.HGLivina.com/ Resident —Services, for convenience and security. Online Payment options include recurrinq monthly ACH debit, on —demand ACH payments and Credit/Debit Card payments. After two payments are returned for non --sufficient funds or two online payments (ACH, debit/credit) fail to process within a 12—month period, payments for the next six months must be paid by secured funds. This includes CashPay or Credit Cards [like Visa, MasterCard or Discover] (which Fees may apply). Certified Funds will only he accepted if required by law. Before submitting a rental application or signing this Lease, ya u should review t he documents and may can s u It a n atta rney. You are bound bythis Leasewhen it is signed. Anelectronic signature is binding. This Lease is the entireagreement between you and us. You are NOT re lying an anyaraI representations. Redden t or Residen is (all sign beloM farmnFoResili (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 Owneror Owner's Representative Ngni ng on behalf ofowner) Apattment Lease Conttact, TAA Ofhclal Statewide Pottn22-AIB•1 /B•2 PavbM k y 2022 JA Blue Moon e5ienatureServices Document I13:375939612 1 Paget oft 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, firm, or corporation expressly identified in the lease agreement as the landlord of tenants in the apartment house, manufactured home rental community, or multiple use facility. The term does not include the manager of an apartment home unless the manager is expressly identified as the landlord in the lease agreement. (13) Point -of -use submeter--A device located in a plumbing system to measure the amount of water used at a specific point of use, fixture, or appliance, including a sink, toilet, bathtub, or clothes washer. (14) Submetered utility service --Water utility service that is master metered for the owner by the retail public utility and individually metered by the owner at each dwelling unit; wastewater utility service based on submetered water utility service; water utility service measured by point -of - use submeters when all of the water used in a dwelling unit is measured and totaled; or wastewater utility service based on total water use as measured by point -of -use submeters. (15) Tenant --A person who owns or is entitled to occupy a dwelling unit or multiple use facility unit to the exclusion of others and, if rent is paid, who is obligated to pay for the occupancy under a written or oral rental agreement. (16) Undercharge --The amount, if any, a tenant is charged for submetered or nonsubmetered master metered utility service to the tenant's dwelling unit less than the amount the tenant would have been charged under this subchapter. Undercharge and Underbilling have the same meaning. (17) Utility costs --Any amount charged to the owner by a retail public utility for water or wastewater service. Utility Costs and Utility Service Costs have the same meaning. (18) Utility service —For purposes of this subchapter, utility service includes only drinking water and wastewater. § 24.277. Owner Registration and Records (a) Registration. An owner who intends to bill tenants for submetered or allocated utility service or who changes the method used to bill tenants for utility service shall register with the commission in a form prescribed by the commission. (b) Water quantity measurement. Except as provided by subsections (c) and (d) of this section, a manager of a condominium or the owner of an apartment house, manufactured home rental community, or multiple use facility, on which construction began after January 1, 2003, shall provide for the measurement of the quantity of water, if any, consumed by the occupants of each unit through the installation of: (1) submeters, owned by the property owner or manager, for each dwelling unit or rental unit; or (2) individual meters, owned by the retail public utility, for each dwelling unit or rental unit. (c) Plumbing system requirement. An owner of an apartment house on which construction began after January 1, 2003, and that provides government assisted or subsidized rental housing to low or very low income residents shall install a plumbing system in the apartment house that is compatible with the installation of submeters for the measurement of the quantity of water, if any, consumed by the occupants of each unit. (d) Installation of individual meters. On the request by the property owner or manager, a retail public utility shall install individual meters owned by the utility in an apartment house, manufactured home rental community, multiple use facility, or condominium on which construction began after January 1, 2003, unless the retail public utility determines that installation of meters is not feasible. If the retail public utility determines that installation of meters is not feasible, the property owner or manager shall install a plumbing system that is compatible with the installation of submeters or individual meters. A retail public utility may charge reasonable costs to install individual meters. (e) Records. The owner shall make the following records available for inspection by the tenant or the commission or commission staff at the on -site manager's office during normal business hours in accordance with subsection (g) of this section. The owner may require that the request by the tenant be in writing and include: (1) a current and complete copy of TWC, Chapter 13, Subchapter M; (2) a current and complete copy of this subchapter; (3) a current copy of the retail public utility's rate structure applicable to the 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: 1Vf Blue Moon eSignature Services Document ID: 375939612 1 (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 (a) of this section shall be maintained for the current year and the previous calendar year, except that all submeter test results shall be maintained until the submeter is permanently removed from service. (g) Availability of records. (1) If the records required under subsection (a) of this section are maintained at the on -site manager's office, the owner shall make the records available for inspection at the on -site manager's office within three days after receiving a written request. (2) If the records required under subsection (a) 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 bill issued by the owner; (3) any disputes relating to the computation of the tenant's bill or the accuracy of any submetering device will be between the tenant and the owner; (4) the average monthly bill for all dwelling units in the previous calendar year and the highest and lowest month's bills for that period; (5) if not submetered, a 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. (a) Waiver of tenant rights prohibited. A rental agreement provision that purports to waive a tenant's rights or an owner's responsibilities under this subchapter is void. § 24.281. Charges and Calculations (a) Prohibited charges. Charges billed to tenants for submetered or allocated utility service may only include bills for water or wastewater from the retail public utility and must not include any fees billed to the owner by the retail public utility for any deposit, disconnect, reconnect, late payment, or other similar fees. (b) Dwelling unit base charge. If the retail public utility's rate structure includes a dwelling unit base charge, the owner shall bill each dwelling unit for the base charge applicable to that unit. The owner may not bill tenants for any dwelling unit base charges applicable to unoccupied dwelling units. (c) Customer service charge. If the retail public utility's rate structure includes a customer service charge, the owner shall bill each dwelling unit the amount of the customer service charge divided by the total number of dwelling units, including vacant units, that can receive service through the master meter serving the tenants. (d) Calculations for submetered utility service. The tenant's submetered charges must include the dwelling unit base charge and customer service charge, if applicable, and the gallonage charge and must be calculated each month as follows: (1) water utility service: the retail public utility's total monthly charges for water service (less dwelling unit base charges or customer service charges, if applicable), divided by the total monthly water consumption measured by the retail public utility to obtain an average water cost per gallon, liter, or cubic foot, multiplied by the tenant's monthly consumption or the volumetric rate charged by the retail public utility to the owner multiplied by the tenant's monthly water consumption; (2) wastewater utility service: the retail public utility's total monthly charges for wastewater service (less dwelling unit base charges or customer service charges, if applicable), divided by the total monthly water consumption measured by the retail public utility, multiplied by the tenant's monthly consumption or the volumetric wastewater rate charged by the retail public utility to the owner multiplied by the tenant's monthly water consumption; (3) service charge for manufactured home rental community or the owner or manager of apartment house: a manufactured home rental community or apartment house may charge a service charge in an amount not to exceed 9 % of the tenant's charge for submetered water and wastewater service, except when; (A) the resident resides in a unit of an apartment house that has received an allocation of low income housing tax credits under Texas Government Code, Chapter 2306, Subchapter DD; or (B) the apartment resident receives tenant -based voucher assistance under United States Housing Act of 1937 Section 8, (42 United States Code, §1437f); and (4) final bill on move -out for submetered service: if a tenant moves out during a billing period, the owner may calculate a final bill for the tenant before the owner receives the bill for that period from the retail public utility. If the owner is billing using the average water or wastewater cost per gallon, liter, or cubic foot as described in paragraph (1) of this subsection, the owner may calculate the tenant's bill by calculating the tenant's average volumetric rate for the last three months and multiplying that average volumetric rate by the tenant's consumption for the billing period. (e) Calculations for allocated utility service. (1) Before an owner may allocate the retail public utility's master meter bill for water and sewer service to the tenants, the owner shall first deduct: (A) dwelling unit base charges or customer service charge, if applicable; and (B) common area usage such as installed landscape irrigation systems, pools, and laundry rooms, if any, as follows: (i) if all common areas are separately metered or submetered, deduct the actual common area usage; (ii) if common areas that are served through the master meter that provides water to the dwelling units are not separately metered or submetered and there is an installed landscape irrigation system, deduct at least 25 % of the retail public utility's master meter bill; (iii) if all water used for an installed landscape irrigation system is metered or submetered and there are other common areas such as pools or laundry rooms that are not metered or submetered, deduct at least 5 % of the retail public utility's master meter bill; or (iv) if common areas that are served through the master meter that provides water to the dwelling units are not separately metered or 1Vf Blue Moon eSignature Services Document ID: 375939612 1 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: (1) 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: (1) dwelling unit with one occupant = 1; (II) dwelling unit with two occupants = 1.6; (111) dwelling unit with three occupants = 2.2; or (IV) dwelling unit with more than three occupants = 2.2 + 0.4 per each additional occupant over three; or (III) the average number of occupants per bedroom, which shall be determined by the following occupancy formula. The formula must calculate the average number of occupants in all dwelling units based on the number of bedrooms in the dwelling unit according to the scale below, notwithstanding the actual number of occupants in each of the dwelling unit's bedrooms or all dwelling units: (1) dwelling unit with an efficiency = 1; (II) dwelling unit with one bedroom = 1.6; (III) dwelling unit with two bedrooms = 2.8; (IV) dwelling unit with three bedrooms = 4 + 1.2 for each additional bedroom; or (iv) a factor using a combination of square footage and occupancy in which no more than 50% is based on square footage. The square footage portion must be based on the total square footage living area of the dwelling unit as a percentage of the total square footage living area of all dwelling units of the apartment house; or (v) the individually submetered hot or cold water usage of the tenant's dwelling unit divided by all submetered hot or cold water usage in all dwelling units; (B) a condominium manager shall multiply the amount established in paragraph (1) of this subsection by any of the factors under subparagraph (A) of this paragraph or may follow the methods outlined in the condominium contract; (C) for a manufactured home rental community, the owner shall multiply the amount established in paragraph (1) of this subsection by: (1) any of the factors developed under subparagraph (A) of this paragraph; or (ii) the area of the individual rental space divided by the total area of all rental spaces; and (D) for a multiple use facility, the owner shall multiply the amount established in paragraph (1) of this subsection by: (i) any of the factors developed under subparagraph (A) of this paragraph; or (ii) the square footage of the rental space divided by the total square footage of all rental spaces. (3) If a tenant moves in or out during a billing period, the owner may calculate a bill for the tenant. If the tenant moves in during a billing period, the owner shall prorate the bill by calculating a bill as if the tenant were there for the whole month and then charging the tenant for only the number of days the tenant lived in the unit divided by the number of days in the month multiplied by the calculated bill. If a tenant moves out during a billing period before the owner receives the bill for that period from the retail public utility, the owner may calculate a final bill. The owner may calculate the tenant's bill by calculating the tenant's average bill for the last three months and multiplying that average bill by the number of days the tenant was in the unit divided by the number of days in that month. (f) Conversion to approved allocation method. An owner using an allocation formula other than those approved in subsection (a) 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 (a) 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 afterthe owner receives the retail public utility bill. (2) Submeter bills shall be rendered as promptly as possible after the owner receives the retail public utility bill or according to the time schedule in the rental agreement if the owner is billing using the retail public utility's rate. (c) Submeter reading schedule. Submeters or point -of -use submeters shall be read within three days of the scheduled reading date of the retail public utility's master meter or according to the schedule in the rental agreement if the owner is billing using the retail public utility's rate. (d) Billing period. (1) Allocated bills shall be rendered for the same billing period as that of the retail public utility, generally monthly, unless service is provided for less than that period. (2) Submeter bills shall be rendered for the same billing period as that of the retail public utility, generally monthly, unless service is provided for less than that period. If the owner uses the retail public utility's actual rate, the billing period may be an alternate billing period specified in the rental agreement. (a) 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 charges) 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. Q) 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 lVf Blue Moon eSignature Services Document ID: 375939612 1 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. (1) 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. 1Vf Blue Moon eSignature Services Document ID: 375939612 1 Tbxas Apaatment Association J,A Blue Moon e5ijnatureServices Document 113: 375939612 1 Tbxas Apaatment Association J,A Blue Moon e5ijnatureServices Document 113: 375939612 1 HAI BOR GROIiI' 0Mw Animal Addendum 'I'I:\1S.�P. �It'I \EI.\'1I.N II ON 131 Off -Limit Areas. You must not let an animal —other than an assistance or service ani mal—Anto swi mmi rig -pool areas, laun- dry roams, offices, clubrooms, other recreational facilities, or at he r d+tie 111 ng u nits bes ides your own, except t hat 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 whe n acco mpa vied by a n ap p raved tra i ne r, 132 Food & Water. Your animal must be fed and given water in- side the dweIIirig unit You may not leave animal food ar water outs de t he dwe I I i ng unit at any t i me, exce pt i n fe nced yards (i f any) for your excl usive use. 13.9 Leash. You mu st keep the animal an a leash and under your su- pe ry kion whe n outside the dw2I li ng or i n any p rivate fenced area. We or our representative may pick up unleashed animals, report the m to the p raper a uthoritie s, or do bat h. Well I charge yo u a rea- so nab le fee for picki rig up and kee pi ng unleashed an kraals. 13.10AnimaI Waste. Unless we have designated a particular area in you r dwel I i ng un it or on the g rounds for a ni ma I defecat ion and uri nati on, yo u a re p rah i bited from I etti ng a n ani ma I defecate or urinate anywhere anaur property and you must take the ani- mal offour property for that purpose. If we al low a ni ma I defeca- tion inside the unit you must a nsure that i is done i n a litter box with a kitty -litter -type mix. If the animal defecates anywhere on our property [ncluding in a fenced yard for your exclusive usel you must immediately remove the waste and repair any damage. Inadditiontothetermsofthisaddendum you must camp Iy withal l local ordinances regarding animal defecation. 14. Additional Rules. We may make reasonable changes to the animal rules from b me to time if we distri bute a written copy of any changes to every resident wha is allowed to have ani mals. 15. Violation of Rules. If you, your guest, or any occupant violates any ru le a r p rov ision of this adde nd um (i n a ur judg me nt) and we g ive you written notice ofthe violation, you must remove the animal immedi- atel y a nd pe rma ne nt Iy from the premi ses. We a Iso have all other rights and remedies setforth in the Lease including eviction and recovering damages and atto rney's fees from you, 16. Com plaints About An imal. If we rece ive a reasonab le camp lai nt from a nei ghbo r or other resident or if we, i n ou r sal e d iscret ion, dete rmi ne that the animal has disturbed neighbors or other residents, we will give you written notice and you must immediatelyand permanently remove the animal from the premises. 17. Our Removal of an Animal. I n same ci rcumsta nce s, via may a me r the dwelling unit and remove the animal within one day after leaving a written notice i n a conspicuous place 17.1 Causes for Removal. We can remove an animal under this para- graph it inoursolejudgment, you have: (A) abandonedthe anima1; (9) 1eft the animal inthe dweIIirig unit for anextendedper iodof ti me wit hout food a r wate r; (C) failed tocare for asickanimal; (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 fol low the procedures i n the Lease, and we may turn the animal over to a humane society or local authority. Well return the animal toyou upan 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 anypurpose, but you must pay for reasonab le care a nd 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. 1It. Liabilityfor Damage, Injuries, Cleaning. Except for reasonable wear and tear resultirig from an assistance or service ani ma1, 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 appliance s, as wel I as land scapi ng 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 I like are due 1 mmed late ly u pan demand. As the owne r, yo hire strictly liable for the entire amount of a ny injury that your animal causes to an- other person or to anyone's property. You indemnify us for all costs of 11tigat is n a nd attorney's fees result] ng fro m any such 1 njury or da mage. 19. Mcive•Out. Except for reasonable wear and tear result Irig 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 passible health hazards, regard less of how to ng t he animal was there. We —not you —will a rrange fo r these sere ices. 20. Multiple Residents. Each resident who signed the Lease must also sign this addendum. You, your g uests, and any occupants must fol law all animal rules. Each resident is jointly and severally liable for dam- ages and al I othe r a bI igato ns set fo rth i n thi s adde rid um, eve n if t he reside nt does not awn the a ni ma I. 21. Dog Park. We may provide an area to be used a s a dog park. While using the park, you wiI I be required to supervise your dog, but may remove the leash. Leashes must be used while traveling toand 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 I iable 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 far injury, damage or loss to any person, animal a p rope rty ca used by any at her 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 aperation or performance. You hereby re lease us and ou r agents, con- tractors, employeesand representatives fromany 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 I njury, a nd you are wi I I i ng to assu me t his ris k. We ma ke no re presen ta- tions or warranties of a ny 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 parag rap h 11 above, our rep rese ntative has no a uthority to mad ify th is addendum or the animal rules except in writing as described under parag rap h 14. This A ni mal Adde nd um and the an i mal ru le s are m nsid- ered part of the Lease described above. 23. Animal Restrictions. No animal will be al lowed that poses a threat to any other person. You represent that your animals) does not pose a dange r a r t hreat of any kind to any personar 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 cla i m or lawsuit filed against you or anyone else far an injury or damage caused by or re - I ated to the an i mal. Yo u u nderstand and agree t hat t he a pp roval oft he animal to live in your apartment is expressly conditioned upon all of the fo rgoi ng be i rig t rue and if yo u have made any mi s re prese ntatio n i t is a via lat ion oft he Lease. You are legally hound hythis document. Please read it carefully. You are entitled to receive a copy ofthis Addendum after itis fully signed. Keep it in a safe place. Resident or Res id ents (all sign below) 05/24/2023 (Na me of Resident) Date s igned (Na me of Resident) Date s igned (Name of Resident) Date s igned (Na me of Resident) Date s igned (Na me of Resident) Date s igned (Na me of Resident) Date s igned Owner or Owner's Representative (sign blow)0512412023 Datesigned TAA Official Statewide Form 22-E, Revised Fe 6rWry 2n22 Q r—,yright2622,Tex Apartment Asmcianon, Inc - - I,A Blue Moon esienatureServices Document I13:375939612 1 MANAGEMENT with a deductible for each claim of $ 250.00 . Resident acknowledges that this monthly cost and/or terms and conditions of the Pay with Rent Policy are subject to change upon prior written notice, which will be provided by MFIP or Landlord, and agrees to such increases. Resident may terminate his or her coverage under the Pay with Rent Policy by delivering written notice thereof to Landlord. If Resident delivers a termination notice, thecharge for the Pay with Rent Policy will cease based on Landlord's insurance enrollment schedule, and Resident will be responsible for complying with the Insurance Requirernentand providing evidence of such compliance before the termination of Resident's coverageunder the Pay with Rent Policy. 4 Resident has declined to purchase coverage under the Pay with IV( Blue Moon e5ienature Services Document ID: 375939612 J.1rr�ui.ru....EADDENDUM lvl.142/2421 ;T GEMENT MANAGEMENT I ��►IL Bed Bug Addendum F.XASAVAR'rr,Ir: 1'rVSSf7C-1 11[ "' Bed Bugs A Guide for Rental -Housing Residents (Adapted with permission from the National Apartment Association) Bed bugs are wingless, flat, broadly oval -shaped in- sects, with a typical lifespan of 6 to 12 months. Capa- ble of reaching the size of an apple seed atfull growth, bed bugs are distinguishable by their reddish -brown color, although after feeding on the blood of hu- mans and warm-blooded animals —their sole food source —the bugs assume a distinctly blood -red hue until digestion is complete. Bed bugs don't discriminate. Bed bugs' increased presence across the United States in recent decades is due largely to a surge in interna- tional travel and trade. It's no surprise then that bed bugs have been found in some of the fanciest hotels and apartment buildings in some of the nation's most expensive neighborhoods. Nonetheless, false claims that associate bed bugs presence with poor hygiene and uncleanliness have caused rental -housing residents, out of shame, to avoid notifying owners of their presence. This only causes the bed bugs to spread. While bed bugs are more attracted to clutter, they're certainly not discouraged by cleanliness. Bottom line: bed bugs know no social or economic bounds; claims to the contrary are false. Bed bugs don't transmit disease. There exists no scientific evidence that bed bugs carry disease. In fact, federal agencies tasked with addressing pests of public -health concern, namely the U.S. Environmental Protection Agency and the Centers for Disease Control and Prevention, have re- fused to elevate bed bugs to the threat level posed by disease -carrying pests. Again, claims associating bed bugs with disease are false. Learn to identify bed bugs. Bed bugs can often be found in, around, behind, un- der, or between: • Bedding • Bed frames • Mattress seams • Upholstered furniture, especially under cushions and along seams • Wood furniture, especially along areas where draw- ers slide • Curtains and draperies • Window and door frames • Ceiling and wall junctions • Crown moldings • Wall hangings and loose wallpaper • Carpeting and walls (carpet can be pulled awayfrom the wall and tack strip) • Cracks and crevices in walls and floors • Electronic devices, such as smoke and carbon -mon- oxide detectors Because bed bugs leave some people with itchy welts similar to those made by fleas and mosquitoes, the cause of welts like that often go misdiagnosed. One distinguishing sign is that bed -bug marks often ap- pear in succession on exposed areas of the skin such as the face, neck, and arms. But sometimes a person has no visible reaction at all from direct contact with bed bugs. While bed bugs typically act at night, they often leave signs of their presence through fecal markings of a red to dark -brown color, visible on or near beds. Blood stains also tend to appear when the bugs have been squashed, usually by an unsuspecting sleeping host. And because they shed, it's not uncommon to find the skin casts they leave behind. Prevent bed -bug encounters when traveling. Because humans serve as bed bugs' main mode of transportation, it's especially important to be mindful of bed bugs when away from home. Experts attribute the spread of bed bugs across all regions of the Unit- ed States largely to increases in travel and trade, both here and abroad. So travelers are encouraged to take a few minutes on arriving to thoroughly inspect their accommodations before unpacking. Because bed bugs can easily travel from one place to another, it's also a good practice to thoroughly inspect luggage and belongings for bed bugs before heading home. Know the bed -bug dos and don'ts. Don't bring used furniture from unknown sourc- es into your dwelling. Countless bed -bug infesta- tions have stemmed directly from bringing home second-hand and abandoned furniture. Unless you are absolutely sure that a piece of second- hand furniture is bed -bug -free, you should as- sume that a seemingly nice looking leather couch, for example, is sitting curbside waiting to be hauled off to the landfill because it's teeming with bed bugs. • Do inspect rental furniture, including mattresses and couches, for the presence of bed bugs before moving it into your dwelling. • Do address bed -bug sightings immediately. Rent- al -housing residents who suspect the presence of bed bugs in their unit must immediately notify the owner. • Don't try to treat bed -bug infestations yourself. Health hazards associated with the misapplica- tion of traditional and nontraditional chemical - based insecticides and pesticides poses too great a risk to you, your family and pets, and your neighbors. • Do comply with eradication protocol. If the deter- mination is made that your unit is indeed playing host to bed bugs, you must comply with the bed- bug -eradication protocol set forth by both your owner and their designated pest -management company. IV'(Blue Moon eSignature Services Document ID: 375939612 statewide Form 19-11, Revised October2019 Q __ ,, .:vl. 2019, Texas Apartment Association, Inc..w^ Mold Information and Prevention Addendum TE?t,4tiai�:vri�n-:�i ws[xa�iu�� Z� Security Guidelines for Residents .. \ %- "r"i vir% i \NSO IAI-u» Addendum MANAGEMENT T I !r i7:1;i��IT,i1] KII0:1 IC IA NAGS. AIFNT ESITSII RENT REPORTING ADDENDUM As a resident, you have been automatically enrolled with the Esusu Rent Reporting Program ("Esusu Rent'). With Esusu Rent, you may be able to positively build your creditjust by paying your rent on time. If you would prefer to opt out of Esusu Rent, you must email rentsupport@esusu.org and request removal from the program. If you remain in Esusu Rent, when you pay your rent on -time, Esusu Rent will report this data to Equifax, TransUnion, and Experian, and the positive rent payment will be incorporated into your credit report. Esusu Rent will only report positive rental payment history. Your credit report will display up to the 24 most recent months of positive rental payment history information, if available. By signing below, I understand and agree: I will be automatically enrolled with Esusu Rent upon signing of my lease; and If I desire to opt out of Esusu Rent, that it is my responsibility to contact Esusu Rent to opt out of their rent reporting program by sending an email to rentsunnort(&esusu.orn to opt out; and That should I later decide I would like to opt in to Esusu Rent, I am required to send a request to participate in the program by emailing rentsunonrt(a�esusu.nr Resident Signature Date of Resident Signing Addendum Resident Resident Signature Date of Resident Signing Addendum Resident Resident Signature Date of Resident Signing Addendum Resident Resident Signature Date of Resident Signing Addendum Resident Resident Signature Date of Resident Signing Addendum Resident IJI Blue Moon eSiRnature Services DocumeotlD375939612 1 jZP'TANAGEME "I' advertising news. This Communication Addendum confines yourparticipationin our community communication program. YOU ARE NOT REQUIRED TO AGREE TO ENTER INTO THIS AGREEMENT AS A CONDITION OF RENTING! RE•LEASINGA HOME. THIS IS AN OPTIONALAND ADDITIONAL WAY WE MAY COMMUNICATE A MESSAGE TO YOU. IF YOU CHOOSE TO ALLOW MASS SMS TEXT MESSAGES, YOU AGREE TO FOLLOW THE PRESCRIBED MEANS OF COMMUNICATION TO US AS SET FORTH IN THE LEASE OR ANY OTHER DOCUMENTS AND TEXTING SHALL NOT BE SUBSTITUTED BYYOU FOR THE PRESCRIBED MEANS OFCOMMUNICATION TO US. You agree that we may from time to time make calls and/or send text messages to you at the telephone number(s) listed below, including wireless telephone numbers that could result in charges to you. The way these calls or text messages are made to you may include, but is not limited to, the use ofprerecorded/arti ficial voice messages and/or automatic telephone dialing system. You firrther agree that ► e may send a -mails to you at any e-mail address you provide us or use other electronic means of communication to the extent permitted by law. Consent may be revoked at any time and by any means listed below. Ifa mobile number is provided, we may tend you information about your application, community events, or other relevant notifications. We do not charge to send or receive text messages as part of our application process. However, messages and data rates may apply. P lease consult with your wireless carrier for applicable text messaging fees. Additionally, you agree that we may send any SMS Statement Notifications through your communication service provider to deliverthem to you. You agree to provide a valid mobile phone number for these services. You agree to indemnify, defend, and hold us harmless from and against all claims, losses, liability, cost, and expenses (including reasonable attorneys' fee) arising from your provision ofa mobile phone number(s) that is not your own or your violation of applicable federal, state, local law, regulation, or ordinance. Your obligation underthis paragraph shall survive termination of the Agreement. SMS Statement Notification arc provided for your convenience only. We reserve the right, in our sole discretion, to cancel or suspend any or all methods of communication stated above, in whole or in part, for any reason, with or without notice to you. By signing below, you agree that you have read, understood, and content to the preceding provisions. Once your mobile device has been activated, you may reply STOP to opt -out ofthe service or contact the leasing office at V IvI Blue Moon e5iRnatureServices Docurnent 1D: 375939612 1 E-SIGNATURE CERTIFICATE This certificate details the actions recorded during the signingo{this Document. ADbluemaon DOCUMENT INFORMATION Status Signed Document I 375939612 Submitted 05/24/23 Total Pages 37 Flood Disclosure Notice, Lead Hazard Disclosure Addendum, Apartment Lease Form, Water/Wastewater Cost Allocation Addendum, Lease Addendum fo r AI locati ng Stor n wvater/Dra i nage Costs, Lease Addendum for Trash Removal and Recycling Costs- Flat Fee, Trash & Valet Waste hlsAulr,L, a,a,,um, Animal Addendum, Insurance Forms Included Addendum, Pay with Rent Insurance Addendum, Insurance Placement Addendum, Bed Bug Addendum, Mold Information and Prevention Addendum, Enclosed Garage Addendum, Satellite Dish or Antenna /.-'i ...:_ ..., i L.i rity Guidelines, Lease Addend urn for Addressi ng Carrying Firearms Dnsite, Addendum for Receipt of Packages, Esusu DOCUMENTAUDIT 1 0524/2310:02:00AM CDT LydyriaJohnsonaccepted Consumer Disclosure 2 05124/2310:0235AMCDT LydyrioJohnsonsign edFloodDisclosureNotice 3 05242310:29:06AM CDT Lydyrio J oh nson signed Lead Hazard Disclosure Addendum 4 05242310:2911 AM CDT LydyrioJohnson dated Lead Hazard Dis closu re Adden d u m 5 05242310:3131 AM CDT LydyrioJ ohnson signed Apartment Lease Form 6 05242310:31A7AMCDT LydyrioJohnsondated ApartmentLease Form 7 05242310:32:29AM CDT LydyrioJohnson signed WateNWastewater Cost Allocation Addendum 9 05242310:32A7AM CDT Lydyria ohnson signed Lease Addendum for Allocating5tormwater[Drainage Costs 9 05242310:3311AMCDT LydyrioJohnsonsignedLeaseAddendumforTrashRemovaIandRecyclingCosts - Flat Fee 10 0524/2310:34:55AM CDT LydyriaJohnson signed Trash & Valet Way:_ ::_sir.,...-Idc end um 11 05242310:35:00AM CDT LydyrioJohnson dated Trash & Valet Waste Resident Addendum 12 05242310:35A3AMCDT LydyrioJohnsonsignedAnimalAddendum 13 05242310:35A6AMCDT LydyriaJohnsondated AnirnaIAddendum DOCUMENT AUDIT CONTINUED 14 OS/24/23 10:35:53 AM CDT Lydyrio Johnson signed Insurance Addendum 15 05/24/23 10:36:37 AM CDT Lydyrio Johnson signed Pay with Rent Insurance Addendum 16 05/24/23 10:36:45 AM CDT Lydyrio Johnson dated Pay with Rent Insurance Addendum 17 05/24/23 10:38:43 AM CDT Lydyrio Johnson initialed Pay with Rent Insurance Addendum 18 05/24/23 10:39:05 AM CDT Lydyrio Johnson signed Insurance Placement Addendum 19 05/24/23 10:39:13 AM CDT Lydyrio Johnson dated Insurance Placement Addendum 20 05/24/23 10:39:33 AM CDT Lydyrio Johnson signed Bed Bug Addendum 21 05/24/23 10:39:36 AM CDT Lydyrio Johnson dated Bed Bug Addendum 22 05/24/23 10:41:49 AM CDT Lydyrio Johnson signed Mold Information and Prevention Addendum 23 05/24/23 10:42:02 AM CDT Lydyrio Johnson signed Enclosed Garage Addendum 24 05/24/23 10:42:09 AM CDT Lydyrio Johnson signed Satellite Dish or Antenna Addendum 25 05/24/23 10:42:19 AM CDT Lydyrio Johnson signed Security Guidelines 26 05/24/23 10:42:27 AM CDT Lydyrio Johnson signed Lease Addendum for Addressing Carrying Firearms Onsite 27 05/24/23 10:42:39 AM CDT Lydyrio Johnson signed Addendum for Receipt of Packages 28 05/24/23 10:42:41 AM CDT Lydyrio Johnson dated Addendum for Receipt of Packages 29 05/24/23 10:42:58 AM CDT Lydyrio Johnson signed Esusu Lease Rider -Rent Reporting 30 05/24/23 10:43:17 AM CDT Lydyrio Johnson signed Communication Addendum Opt -In 31 05/24/23 10:43:26 AM CDT Lydyrio Johnson dated Communication Addendum Opt -In 32 05/24/23 10:43:38 AM CDT Lydyrio Johnson submitted signed documents 33 05/24/23 02:49:57 PM CDT Yancy Larin signed Flood Disclosure Notice 34 05/24/23 02:49:57 PM CDT Yancy Larin dated Flood Disclosure Notice 35 05/24/23 02:49:57 PM CDT Yancy Larin signed Lead Hazard Disclosure Addendum 36 05/24/23 02:49:57 PM CDT Yancy Larin dated Lead Hazard Disclosure Addendum 37 05/24/23 02:49:57 PM CDT Yancy Larin signed Apartment Lease Form 38 05/24/23 02:49:57 PM CDT Yancy Larin signed Water/Wastewater Cost Allocation Addendum 39 05/24/23 02:49:57 PM CDT Yancy Larin signed Lease Addendum for Allocating Stormwater/Drainage Costs 40 05/24/23 02:49:57 PM CDT Yancy Larin signed Lease Addendum for Trash Removal and Recycling Costs - Flat Fee 41 05/24/23 02:49:57 PM CDT Yancy Larin signed Trash & Valet Waste Resident Addendum 42 05/24/23 02:49:57 PM CDT Yancy Larin dated Trash & Valet Waste Resident Addendum 43 05/24/23 02:49:57 PM CDT Yancy Larin signed Animal Addendum 44 05/24/23 02:49:57 PM CDT Yancy Larin dated Animal Addendum 45 05/24/23 02:49:57 PM CDT Yancy Larin signed Insurance Addendum 46 05/24/23 02:49:57 PM CDT Yancy Larin signed Pay with Rent Insurance Addendum 47 05/24/23 02:49:57 PM CDT Yancy Larin dated Pay with Rent Insurance Addendum 48 05/24/23 02:49:57 PM CDT Yancy Larin signed Insurance Placement Addendum 49 05/24/23 02:49:57 PM CDT Yancy Larin dated Insurance Placement Addendum 50 05/24/23 02:49:57 PM CDT Yancy Larin signed Bed Bug Addendum 51 05/24/23 02:49:57 PM CDT Yancy Larin dated Bed Bug Addendum 52 05/24/23 02:49:57 PM CDT Yancy Larin signed Mold Information and Prevention Addendum 53 05/24/23 02:49:57 PM CDT Yancy Larin signed Enclosed Garage Addendum 54 05/24/23 02:49:57 PM CDT Yancy Larin signed Satellite Dish or Antenna Addendum 55 05/24/23 02:49:57 PM CDT Yancy Larin signed Security Guidelines 56 05/24/23 02:49:57 PM CDT Yancy Larin signed Lease Addendum for Addressing Carrying Firearms Onsite 57 05/24/23 02:49:57 PM CDT Yancy Larin signed Addendum for Receipt of Packages 58 05/24/23 02:49:57 PM CDT Yancy Larin dated Addendum for Receipt of Packages 59 05/24/23 02:49:57 PM CDT Yancy Larin signed Esusu Lease Rider -Rent Reporting 60 05/24/23 02:49:57 PM CDT Yancy Larin signed Communication Addendum Opt -In DOCUMENT AUDIT CONTINUED 61 OS/24/23 02:49:57 PM CDT Yancy Larin dated Communication Addendum Opt -In 62 05/24/23 02:49:56 AM CDT Yancy Larin submitted signed documents M&C Review Page 1 of 6 A Official site of the City of Fort Worth, Texas CITY COUNCIL AGEND FOR` H Create New From This MSC DATE: 8/9/2022 REFERENCE NO.: M&C 22-0569 LOG NAME: 19NS 2022-2023 ACTION PLAN CODE: C TYPE: NON -CONSENT PUBLIC YES HEARING: SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2022-2023 Annual Action Plan for the Use of Federal Grant Funds in the Amount of $13,124,648.00 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 City Staff: Sharon Burkley; b. Public Presentations; c. Council Action: Close Public Hearing and Act on the M&C) RECOMMENDATION: It is recommended that City Council: 1. Conduct a public hearing to allow citizen input and consideration of the City's 2022-2023 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 $13,124,648.00 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 2022-2023 Annual Action Plan for submission to the United States Department of Housing and Urban Development, including allocations of grant funds to particular programs and activities as detailed below; 3. Authorize the collection and use of an estimated $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; 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' HOME Investment Partnerships Program grant funds for the City's Homebuyer Assistance Program, and authorize the use of 10 percent of the program income for administrative costs; 5. Authorize the City Manager or his designee to execute contracts for one year terms with the agencies listed in Tables 1,2, and 3 below for Program Year 2022-2023 for Community Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding, and satisfactory completion of all federal regulatory requirements; 6. Authorize the City Manager or his designee to extend the contracts for up to one year if an agency or department requests an extension and such extension is necessary for completion of the program, or to amend the contracts if necessary to achieve program goals provided any amendment is within the scope of the program and in compliance with City policies and all applicable laws and regulations governing the use of federal grant funds; 7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in the total amount of $13,124,648.00 consisting of $6,996,710.00 in Community Development Block Grant funds, $3,266,685.00 in HOME Investment Partnerships Program grant funds, $628,543.00 in Emergency Solutions Grant funds, and $2,232,710.00 in Housing Opportunities for Persons with AIDS grant funds, plus http://apps.cfwnet.org/council_packet/mc_review. asp?ID=3 0122&councildate=8/9/2O22 10/3/2022 M&C Review Page 2 of 6 estimated program income in the amount of $100,000.00, all subject to receipt of such funds; and 8. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 17.29` °Io, estimated total of $330,793.14. DISCUSSION: The City of Fort Worth's (City's) 2022-2023 Annual Action Plan summarizes the major housing and community development activities and proposed expenditures for the program year beginning October 1, 2022 and ending September 30, 2023 for use of federal grant funds totaling $13,124,648.00 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 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. Staff developed initial recommendations for the allocation of the estimated funding from HUD based on prior year's funding levels. One public hearing was held on April 27, 2022 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 11, 2022. These funding recommendations were presented in City Council Work Session on June 7, 2022. A 30-day public comment period was held from July 1, 2022 to August 1, 2022. Notice of this public comment period was published in the Fort Worth Star -Telegram on June 26, 2022; in the Weatherford Democrat on June 28, 2022; in the Flood County News and Wise County Messenger on June 29, 2022; in Cleburne Times Review and La Vida News on June 30, 2022; and in Glen Rose Reporter on July 1, 2022. Any comments received are maintained by the Neighborhood Services Department in accordance with federal regulations. The City held two public hearings as part of the HUD required citizen participation process. The first public hearing was held by staff on July 13, 2022, and the second public hearing is scheduled for the City Council meeting on August 9, 2022. 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 2022-2023 Annual Action Plan will be submitted to HUD by August 15, 2022. Indirect costs totaling approximately $330,793.14 could be charged to these grants, as the Neighborhood Services Department indirect cost rate is 17.29\% in the City's most recent Cost Allocation Plan. A waiver of these costs is requested to allow allocation of these funds to further support the programs and services to assist low -to -moderate income citizens. COMMUNITY DEVELOPMENT BLOCK GRANT For Program Year 2022-2023, it is recommended that the amount of $6,946,710.00 in CDBG funds and an estimated amount of $50,000.00 in CDBG program income totaling $6,996,710.00 be allocated as follows: • Public Services Agencies- $1,042,006.00: Includes social services for low- and moderate -income persons, persons with disabilities, and disadvantaged persons • Housing Programs - $4,153,352.00: 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 - $362,010.00: Includes funding for Southside Community Center improvements • Administration - $1,389,342.00: Includes costs for administering the CDBG grant, including allocations for the Financial Management Services and Development Services Departments • 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 http://apps. cfwnet. org/council_packct/mc_rcview. asp?ID=30122&councildatc=8/9/2O22 1013/2022 M&C Review Page 3 of 6 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 2022-2023, it is recommended that the amount of $3,216,685.00 in HOME funds and an estimated amount of $50,000.00 in HOME program income totaling $3,266,685.00 be allocated as follows: ■ Homebuyer Assistance Program - $129,623.50: Includes funding for down payment and closing cost assistance for low- and moderate -income homebuyers ■ Community Housing Development Organization - $707,430.00: 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 Development Corporation of Tarrant County (DCTC) for single-family infill development in the Polytechnic neighborhood. 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. ■ Major Projects - $2,057,963.00: 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 ($1,057,963.00) allocated to the development of permanent supportive housing. ■ Administration - $321,668.50: 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 2022-2023, it is recommended that the amount of $2,232,710.00 in HOPWA funds be allocated as follows: ■ Public Service Agencies - $1,515,729.00 ■ Neighborhood Services Department - $650,000.00 ■ Administration - $66,981.00 EMERGENCY SOLUTIONS GRANT For Program Year 2022-2023, it is recommended that the amount of $628,543.00 in ESG funds be allocated as follows: ■ Public Service Agencies - $581,403.00 ■ Administration - $47,140.00 CONTRACT RECOMMENDATIONS The Community Development Council and Neighborhood Services Department staff recommend that contracts be executed with the public service & CDBG subrecipient agencies for the amounts shown in the following tables: Community Development Block Grant Contracts TABLE 1: CDBG AGENCIES AGENCY II C NSOLID AL C I PROGRAM AMOUNT PLAN Housing Channel Affordable Housing (Guardianship Services, V ging-In-Place Inc. Meals -On -Wheels, Inc. Bing -In -Place of Tarrant County Homebuyer Education and $100 000 m Housing Counseling Services Financial Exploitation $70,000.00 Prevention Center Home -Delivered $72 006 00 Meals http://apps. cfwnet. org/eouncil_packct/mc_review. asp?ID=30122&councildatc=8/9/2022 1013/2022 M&C Review Page 4 of 6 Meals -On -Wheels, Inc. ging_In_Place of Tarrant County Girls Incorporated of Children/Youth Tarrant County Training and Mentorship United Community Children/Youth Centers, Inc. Training and Mentorship Boys & Girls Clubs of Children/Youth Greater Tarrant County, Training and Inc. Mentorship Young Men's Christian Children/Youth Association of Training and Metropolitan Fort Worth Mentorship AB Christian Learning Children/Youth Center Training and Mentorship Fortress Youth Children/Youth Development Center, Training and Inc. Mentorship The Presbyterian Night Shelter of Tarrant Homeless Services County, Inc. (Transportation $50,000,00 Program Leadership Program $75,000,00 Educational $100,000.00 Enrichment Program After School Program $60,000.00 Y Achievers $50,000.00 After School Program $75,000.00 Fortress Preschool Moving Home Case Management Poverty Reduction Computer skills The Ladder Alliance and Household Training - Next Level Stabilization Program Faster Seals North Poverty Reduction Employment Texas, Inc. and Household Services Stabilization The Women's Center of Poverty Reduction Working Families Tarrant County, Inc. and Household Success Stabilization Center for Transforming Poverty Reduction Level Up Lives and Household Microenterprise Stabilization ICDBG Public Service Agencies Total Rehabilitation, Education and Accessibility Advocacy for Citizens Improvements with Handicaps ❑BA p REACH, Inc. United Way of Tarrant Accessibility County Improvements Fort Worth Area Habitat Preserve Aging for Humanity, Inc. ❑BA Housing Stock Accessibility Improvements for Low Income Residents Accessibility Improvements for Low Income Senior Residents Cowtown Brush Up Paint Program $50,000.00 $125,000.00 $70,000.00 $50,000.00 $50,000.00 $45,000.00 11$1,042,006.001 $125,000.00 $50,000.00 $455,000.00 http alapps. cfwnet. org/eouncil_packct/mc_review. asp?1D=30122&councildatc=8/9/2022 1013/2022 M&C Review Page 5 of b (Trinity Habitat for II Humanity ICDBG Subrecipient Agencies Total ITOTAL CDBG CONTRACTS Housing Opportunities for Persons with AIDS Contracts AGENCY TABLE 2: HOPWA AGENCIES PROGRAM AIDS Outreach Administration, Supportive Services, Short - Center, Inc. Term Rent, Mortgage, and Utility Assistance (STRMU) Tarrant County Administration, Facility -Based Operations, Samaritan Housing, Supportive Services, Tenant -Based Rental Inc. Assistance (TBRA) ITOTAL HOPWA CONTRACTS Emergency Solutions Grant Contracts TABLE 3: ESG AGENCIES AGENCY II PROGRAM IThe Presbyterian Night Shelter of Tarrant IlShelter County, Inc. Lighthouse for the Homeless ❑BA Worth Place I'The Salvation Army ICenter for Transforming Lives ISafel­laven of Tarrant County ITOTAL ESG CONTRACTS Operations/Services True Vperations/Serv helter ices Homelessness Prevention IlRapid Re -Housing V helter perat ion s/S ery ices 11 $630,000.001 1$1,672,006.00l 11 AMOUNT $429,850.00 $1,085,879.00 1$1,515,729.00 II AMOUNT I ll$130,220.00� ll$176,000.00� 11$105,535.00I 11 $98,743.001 11 $70,905.00I 11$581,403.00I 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. Alternative to consider may include staff and program reductions or eliminations. http://apps. cfwnet. org/councit_packct/mc_rcview. asp?ID=30122&councildatc=8/9/2O22 1013/2022 M&C Review Page 6 of 6 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 I Department Account Project Program Activity Budget Reference # Amount ID ID Year 1Chartfield 21 FROM Fund I Department Account I Project Program I I Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for Citv Manager's Office bv: Fernando Costa (6122) Oriainatina Department Head: Victor Turner (8187) Additional Information Contact: Sharon Burldey (5785) ATTACHMENTS PLAN 2022 Agency Form 1295 Forms.pdf (CFW Internal) ■ Acency Lmsfings1 1 p■ http alapps. cfwnet. org/council_packct/mc_review. asp?ID=30122&councildatc=8/9/2022 1013/2022