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HomeMy WebLinkAboutContract 58138-R1A1CSC No. 58138-RlA1 RENEWAL ONE AND AMENDMENT ONE TO CITY OF FORT WORTH CONTRACT NO. 58138 This Contract Renewal and Amendment is made and entered into by and between the City of Fort Worth ("City"), and Tides at Meadowbrook Owner, LLC ("Landlord"), each individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS WHEREAS, on September 6, 2022, the City entered into an agreement with the Landlord for rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 58138 (the "Agreement"); WHEREAS, ("Tenant") is a participant in the City's rental assistance program; WHEREAS, the Agreement's Initial Term was from September 6, 2022 to August 4, 2023 and allowed for annual renewals upon agreement of the Parties; WHEREAS, the parties most recently renewed the Agreement for its First Renewal Term beginning August 5, 2023 and ending August 4, 2024; and WHEREAS, tenant moved from and WHEREAS, the Parties agree to renew and amend the Agreement as described below. NOW THEREFORE, City and Landlord do hereby agree as follows: I RENEWAL OF AGREEMENT The parties agree to renew the Agreement for an additional one year -term beginning August 5, 2023 and expiring August 4, 2024 ("First Renewal Term") unless earlier terminated in accordance with the terms of the Agreement. II AMENDMENTS TO AGREEMENT The following terms are hereby amended to replace the referenced terms in the Agreement and shall be binding and enforceable as if they were originally included therein. 1. The first sentence of Section 1 Property Information is hereby deleted in its entirety and replaced as follows: OFFICIAL RECORD CITY SECRETARY CSC No. 58138- Renewal One and Amendment One FT. WORTH, TX Page 1 of 3 CoFW and Tides at Meadowbrook Owner, LLC Tenant has entered into an agreement with Landlord to rent a 1-bedroom ("Lease"). The unit is located at 603 King George Drive #133, Fort Worth, Texas 76112 ("Unit"), as more fully described in Exhibit A. 2. The first three paragraphs of Section 3.2 Rent and Amounts Payable by City shall be amended and replaced as follows: 3.2 Rent and Amounts Pavable by City The City has been notified that the Tenant's Total Rent during the Initial Term is $1105.00 per month for the Unit. The City has been notified that the Tenant's Total Rent during First Renewal Term is $ 1165.00 per month for the Unit. The Tenant during the Initial Term, beginning September 6, 2022 to September 30, 2022, shall be responsible for $0.00 per month for the Unit. From October 1, 2022 to July 31, 2023, the Tenant shall be responsible for $107.00 of rent per month for the Unit. From August 1, 2023 to August 4, 2023, Tenant shall be responsible for $14.00 prorated rent. During the First Renewal Term, from August 5, 2023 to August 31, 2023 the tenant shall be responsible for $18.00 of prorated rent. From September 1, 2023 to July 31, 2024 the tenant shall be responsible for $21.00 rent per month for the unit. From August 1, 2024 to August 4, 2024 the tenant shall be responsible for $3.00 prorated rent. During the Initial Term, from September 6, 2022 to September 30, 2022, City shall pay $920.83 towards the Tenant's Total Rent for the Unit ("City Portion"). From October 1, 2022 to July 31, 2023, City shall pay $998.00 toward the Tenant's Total Rent for the Unit. From August 1, 2023 to August 4, 2023, City shall pay $127.25 prorated rent. During Tenant's First Renewal Term, from August 5, 2023 to August 31, 2023 the City shall pay $0.00 of prorated rent per month for the Unit. From September 1, 2023 to July 31, 2024 the City Portion shall be $1144.00 rent per month for the unit. From August 1, 2024 to August 4, 2024 the City Portion shall be $147.32 prorated rent. Neither City nor does HUD assume 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. 3. Exhibit A, "Copy of Tenant's Lease," is hereby amended and replaced with the attached Exhibit A. III. All terms and conditions of the Agreement not amended herein remain unaffected and in full force and effect, are binding on the Parties and are hereby ratified by the Parties. [SIGNATURE PAGE FOLLOWS] CSC No. 58138- Renewal One and Amendment One Page 2 of 3 CoFW and Tides at Meadowbrook Owner, LLC IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective August 5, 2023. FOR CITY OF FORT WORTH: 7"-.J.(-- — Name: Fernando Costa Title: Assistant City Manager Date: Sep 19, 2023 APPROVAL RECOMMENDED Name: Victor Turner Title: Director APPROVED AS TO FORM AND LEGALITY aJ /Name: Jessika Williams Title: Assistant City Attorney 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. Julie C. Pena (Sep 13, 2023 _3:25 CDT) Name: Julie C. Pena, MSW Title: Sr. Human Services Specialist FOR LANDLORD: alexis t�p 13, J03 13:23 CDT) Name: Alexis Terry Title: Leasing Specialist Date: Sep 13, 2023 q vvngq ATTEST: �� FFORroaad a°°�° ono o=v aR rBZP5a4'v Name: Jannette Goodall Title: City Secretary Date: Sep 20, 2023 M No.:22-0569 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CSC No. 58138- Renewal One and Amendment One Page 3 of 3 CoFW and Tides at Meadowbrook Owner, LLC .�� Information About Brokerage Services 11-2-2015 Texas law requires all real estate license holders to give the following information about TMC 12t brokerage services to prospective buyers, tenants, sellers and landlords. Mum TYPES OF REAL ESTATE LICENSE HOLDERS: • A BROKER is responsible for all brokerage activities, including acts performed by sales agents sponsored by the broker. • A SALES AGENT must be sponsored by a broker and works with clients on behalf of the broker. A BROKER'S MINIMUM DUTIES REQUIRED BY LAW (A client is the person or party that the broker represents): • Put the interests of the client above all others, including the broker's own interests; • Inform the client of any material information about the property or transaction received by the broker; • Answer the client's questions and present any offer to or counter-offer from the client; and • Treat all parties to a real estate transaction honestly and fairly. A LICENSE HOLDER CAN REPRESENT A PARTY IN A REAL ESTATE TRANSACTION: AS AGENT FOR OWNER (SELLER/LANDLORD): The broker becomes the property owner's agent through an agreement with the owner, usually In a written listing to sell or property management agreement. An owner's agent must perform the broker's minimum duties above and must inform the owner of any material information about the property or transaction known by the agent, including Information disclosed to the agent or subagent by the buyer or buyer's agent. AS AGENT FOR BUYER/TENANT: The broker becomes the buyer/tenant's agent by agreeing to represent the buyer, usually through a written representation agreement. A buyer's agent must perform the broker's minimum duties above and must inform the buyer of any material information about the property or transaction known by the agent, including information disclosed to the agent by the seller or seller's agent. AS AGENT FOR BOTH - INTERMEDIARY: To act as an intermediary between the parties the broker must first obtain the written agreement of each party to the transaction. The written agreement must state who will pay the broker and, in conspicuous bold or underlined print, set forth the broker's obligations as an intermediary. A broker who acts as an intermediary: • Must treat all parties to the transaction Impartially and fairly; • May, with the parties' written consent, appoint a different license holder associated with the broker to each party (owner and buyer) to communicate with, provide opinions and advice to, and carry out the instructions of each party to the transaction. • Must not, unless specifically authorized in writing to do so by the party, disclose: o that the owner will accept a price less than the written asking price; o that the buyer/tenant will pay a price greater than the price submitted in a written offer; and o any confidential information or any other information that a party specifically instructs the broker in writing not to disclose, unless required to do so by law. AS SUBAGENT: A license holder acts as a subagent when aiding a buyer in a transaction without an agreement to represent the buyer. A subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. TO AVOID DISPUTES, ALL AGREEMENTS BETWEEN YOU AND A BROKER SHOULD BE IN WRITING AND CLEARLY ESTABLISH: • The broker's duties and responsibilities to you, and your obligations under the representation agreement. • Who will pay the broker for services provided to you, when payment will be made and how the payment will be calculated. LICENSE HOLDER CONTACT INFORMATION: This notice is being provided for information purposes. It does not create an obligation for you to use the broker's services. Please acknowledge receipt of this notice below and retain a copy for your records. FPI Management, Inc. 9004657 scott.bishop@fpimgt.com 916-358-7222 Licensed Broker /Broker Firm Name or Primary Assumed Business Name License No. Email Phone Douglas Bishop II 662349 scott.bishop@fpimgt.com 916-358-7222 Designated Broker of Firm License No. Email Phone Licensed Supervisor of Sales Agent/ License Nc. Email Phone Associate Sales Agent/Associate's Name License No. Email Phone BuyerfTenanUBeller/Lmdlord Initials Date Regulated by the Texas Real Estate Commission Information available at www.trer-texw.gov IABS 1-0 Tremam A. Webster (Resident) Date (By FPlanagemont,n behalf of, and as de d Date agent for, Owner) .' LEASE CONTRACT CERTIRM LEASE ft TEXAS PARTIES AND ti PREMISES Owner Address Phone Tides at Meadowbrook Owner LLC 525 King George Drive Fort Worth, TX 76112 817-851-1475 Agent Address Phone FPI Management, Inc. 800 Iron Point Road Folsom, CA 95630 (916) 357-5300 Residential Community Tides at Meadowbrook Street Address city State ZIP 525 King George Drive Fort Worth Texas 176112 Residents: Leased Premises 133 Street Address City state ZIP Start Date End Date Date Signed I Move -In Pat Renewal 1 year 8/5/2023 1 8/4/2024 August 22. 2023 Payable To Address Phone Tides on Meadowbrook 525 King George Drive, Fort Worth, TX 76112 (817) 851-1475 Office Hours Due On Late On Fax M-F 10am-6pm CHARGES 11st 14th Reletting Expense $1,011.50 Lock Change Charge $75.00 Utilities (Late Setup) $50.00 Failure to Clean Animal $50.00 Online Payment $25.00 Key Replacement Charge $50.00 Waste Charge Chargeback I Late Payment $119.00 Dishonored Payment $50.00 Smoke/CO Alarm $100.00 ( Tampering Charge Failure to Clean Garbage $25.00 Window Screen $100.00 Charge Replacement Base Rent $1,165.00 Security Deposit $0.00 PEST CONTROL $5.00 TOTAL DEPOSIT I $0.00 FACILITY FEE $15.00 SERVICE FEE $5.00 TOTAL MONTHLY PAYMENT $1,190.00 THIS RESIDENTIAL LEASE CONTRACT (this "Agreement") is made and entered into as of the 22nij day of August, 2023, by and between Owner of Residential Community ("Owner") and Tremain A. Webster, jointly and severally (hereinafter collectively "Residents"). Owner hereby leases to Residents the premises at 603 KING GEORGE DRIVE #133. FORT WORTH. TX 7 112 (the "Leased Premises"), located within Tidies at Meadowbrook (the "Residential Community"), for use exclusively as a private residence, and not for any other purpose. The Leased Premises may also include the rental of parking, storage and garage spaces, if applicable, which will be designated and included in a separate written agreement. Residents' performance of their obligations contained in this Agreement may be guaranteed by a third party. Any third -party guarantee agreements will be included with an attached to this Agreement. Owner's representatives, agents, affiliates, successors, assigns, employees, officers, and directors are hereby incorporated by reference to benefit from any and all waivers, releases, and limitations of liability made by Residents hereunder. Pursuant to Tex. Prop. Code § 92.201, Owner has designated the following person or entity to manage the Leased Premises on behalf of the Owner, and is authorized to act on behalf of Owner for the purpose of receiving service of process and receiving notices and demands: FPI Management. Inc., 800 Iron Point ! Residential Lease Contract - Texas, Certified DocsTM - Rev. 9/2022 3 Ab m cIINT a e 6' irrr Road Folsom. CA 9561Q, (916) 357.5300. 1. OCCUPANCY OF THE LEASED PREMISES. The Leased Premises may be occupied solely by Residents. If any person other than the Resident or Occupant occupies the Leased Premises for more than six (6 consecutive days or fourteen (14J total days in any twelve (12) month period, such person shall be deemed to reside in the Leased Premises in violation of this Agreement. Residents acknowledge that allowing unauthorized occupants to reside in the Leased Premises shall be deemed a material and incurable breach of this Agreement, and shall entitle Owner to serve Residents with a notice terminating the tenancy. All changes in occupancy require Owner's prior written consent. If Owner consents to an occupancy change during the term of this Agreement, a new Residential Lease Contract or an amendment to this Agreement must be executed. Any assignment or subletting without Owner's prior written consent shall be void and may, at Owner's sole discretion, terminate this Agreement. Owner's acceptance of rent from any person, not identified as a Resident or an authorized occupant, shall be deemed to be the payment of rent on behalf of Residents and shall not constitute Owner's consent for said person to occupy or reside in the Leased Premises. 2. TERM. This Agreement shall be for a fixed lease term of I year. The initial term ("Initial Term") of this Agreement shall begin on August 5. 2023 and end at 11.59 P.M. on August 4. 2024. Thereafter, this Agreement will automatically renew for successive month to month terms unless either party provides written notice that it will not renew at least thirty (30) days prior to the expiration of the Initial Term or the parties execute a new Residential Lease Contract. 3. SECURITY DEPOSIT. Residents have deposited with Owner the sum of 5 M, the receipt of which is hereby acknowledged as a security deposit. All or a portion of the security deposit may be retained by Owner in the event Residents become liable for any of the charges listed below_ The retention of the security deposit shall not limit Owner's right to proceed against Residents for claims and damages exceeding the amount of the security deposit. There is an additional animal deposit. A separate animal addendum will detail the amount of the animal deposit. Owner may satisfy the duty to refund the security deposit and sen&ng the itemized deduction to a forwarding address provided by Residents which shall constitute notice to all Residents. Owner may recover amounts owed by Residents from the security deposit for any lawful reason including, but not limited to, the following: any damages or loss caused by Residents' defau;t or breach of this Agreement; delinquent or unpaid rent; late fees; electricity, gas, water, sewer, storm water, or other utility charges; damages to the Leased Premises cause by simple neglect, intentional act, accident, or inaction; the replacement cost of fixtures or other items contained in the Leased Premises that are damaged or destroyed; service charges; batteries for smoke detectors or other safety devices; unreturned, damaged or missing keys or entry devices; replacement light bulbs; reletting expenses; delinquent fees or unpaid deposits; the costs of rekeying or disabling unauthorized security systems and alarms; pet charges; government assessments against the Owner caused by Residents, Occupants, or guests; trash removal; all costs associated with illegally parked vehicles, including removal; returned check fees; and removal and storage of items left in the Leased Premises. If the security deposit does not cover all of the Owner's loss, Residents are liable for any unsatisfied amounts. 4. RENT. Residents agree to pay to Owner, as rent for the Leased Premises, the sum of S1.190.00 per month. Except as otherwise provided, rent shall be paid in full and received in advance, with no grace period and without demand, on or before the Ili day of each month in the form of online payment. debit, personal check or certified check. Rent and all other sums due to Owner will be payable to Tides on Meadowbrook, 525 Kina Georae Drive. Fort Worth. TX 76112, (817) 851-1475. The usual days and hours when payments may be made personally are: M-F 10am-6Mm, 525 King Georae Drive, Fort Worth. TX 76112. Payments made will not be held at the request of anyone - all payments made will be directly deposited. It is Residents' responsibility to be certain that each payment is actually received by Owner on or before its due date. Use of a rental payment drop box, if one is provided by Owner, is for Residents' convenience — the risk of receipt of funds by Owner when such box is used is Residents' risk, and not Owner's risk. If in any month, rent is not paid before the 4Lh day of the month, payment must be in the form of certified check or money order. If Owner serves Residents with a notice to pay rent or surrender possession, which Owner may do on any date after the 1_*t day of the month, any payment tendered following service of said notice must be in the form of certified check or money order. 4.1. Online Payments. Residents are permitted to make rent payments via an online web -based service. Payment of rent online, while such service is provided by Owner, is for Residents' convenience - the risk of receipt of funds by Owner when such service is used is Residents', and not Owner's, risk. Furthermore, Residents hereby agree not to chargeback any rent payments made by credit card, debit card, EFT, ACH or any other electronic means to Owner. Residents shall pay Owner a sum of $25.00 for each chargeback, as a liquidated damage. In the event of a chargeback, Residents may, at Owner's option, be required to pay the rent and applicable late charges by codified check or money order. If one (1)or more payments submitted by Residents are chargedback in any twelve (12) month period, Residents shall be required to pay all future rent and other charges by certi led check or monev order. 5. LATE PAYMENTS AND FEES. Owner and Residents agree that it is and will be impracticable and extremely difficult 4 Residential Lease Contract - Texas, Certified DocsTM - Rev. 912022 &,& LFASE CONY c ) ( f> to fix the actual damages suffered by Owner in the event Residents make a late payment of rent, or when Residents make a payment that is subsequently dishonored by the bank, and that the below charges represent a reasonable approximation of the damages Owner is likely to suffer from a late or dishonored payment. Owner and Residents further agree that this provision does not establish a grace period of the payment of rent, and that Owner may give Residents a written notice to pay or quit the Leased Premises in accordance with State law at any time after the payment is due. Owner shall have all remedies under the law and this Agreement in the event Resident fails to timely pay the rent or other amounts owed. At Owner's sole discretion, Owner may report any delinquent rent or other amounts owed to a credit reporting agency. 5.1. Late Payments. Residents shall pay the total amount of rent owed on or before the Due Date. If Residents fail to timely pay all rent, Owner is entitled to a late fee of $119.00 on the 4th day of the month. 5.2. Dishonored Payments. Residents shall owe $50.00 for each dishonored payment plus any applicable late fees described in this Agreement until all amounts owed are paid. Residents must resolve dishonored payments caused as a result of a financial institution with the financial institution. Owner is unable to waive the charge for dishonored payments or any late fees. In the event of a dishonored payment, Residents may, at Owner's option, be required to pay the rent and applicable late charges by certified check or croon order. If qy one (1) or more payments submitted by Residents are, for any reason whatsoever, dishonored by the financial institution upon which it is drawn in any twelve (17, month period, Residents shall be required to pay all future rent and other charges by certified check or money order plus any and all costs required in the collection of said payments. 6. PAYMENTS. Owner is not obligated to accept any payment for rent or other charge after it is due. Except for rent, all other charges are due immediately and to be paid upon Owner's demand. To the extent allowed by law, Owner first may apply payments received to any unpaid amounts other than rent, irrespective of any written or verbal requests by the Residents or when the charges may have been accrued. 7. RENT INCREASES AND LEASE CONTRACT CHANGES. Owner may notify Residents in writing of any increase in rent five (5) days before the final date that Residents are required to give their move -out notice. The new rent shall take effect on the date stated in the notice and after the current lease term expires. Owner may deliver the notice of an increase in rent via email or other electronic messaging service. Residents are not required to sign the written notice of rent increase or other documents for the new rent amount to take effect. 8. COMPLIANCE WITH RULES, LAWS, AND REGULATIONS. Residents hereby acknowledge receipt of a copy of the Residential Community's Policies and Rules (the "Rules"), which are incorporated into and made a part of this Agreement. Residents agree to abide by said Rules in all respects. Owner may make reasonable changes to the Rules upon providing thirty (30) days written notice to Residents, and Residents agree to abide by such changes if they are distributed and applicable to the Residential Community and do not change the rent. Failure to comply with the Rules shall be deemed a breach of this Agreement. Residents agree not to harass, annoy, or endanger any other resident or person, or create or maintain a nuisance, or disturb the peace or solitude of any other resident, or commit waste in or about the Leased Premises. Residents are responsible for the conduct of any members of their household, Occupants, or guests while present at the Residential Community. Residents further agree not to harass, verbally abuse, denigrate or otherwise disrespect Owner's employees, agents and/or contractors or interfere with Owner's business operations. Failure to abide by this policy may result in the termination of this Agreement. Certain acts are considered to be contrary to the safety, well-being, peace, and enjoyment of the other residents of the Residential Community, and therefore, will be considered to be a breach of this Agreement. These include, but are not limited to: 1) violations of this Agreement, the Rules, or applicable fire, safety, health, or criminal laws, ordinances, or regulations, regardless of whether or where arrest or conviction occurs; 2) Residents or occupants giving incorrect or false answers in a rental application; 3) Residents or any occupants being arrested, charged, detained, convicted, or given deferred adjudication or pretrial diversion for an offense involving actual or potential physical harm to a person, or involving possession, manufacture, or delivery of a controlled substance, or drug paraphernalia in violation of applicable law, or any sex -related crime, including a misdemeanor; and 4) any illegal drugs or paraphernalia are found in the Leased Premises. 9. MULTIPLE RESIDENTS OR OCCUPANTS. Residents will be in material breach of this Agreement if any Resident, Occupant, or guest (whether invited or uninvited) violate any of the ierms of this Agreement or the Rules. Residents are jointly and severally liable for all obligations arising under this Agreement whether or not they remain in actual possession of the Leased Premises. Notices or demands from Owner that are served upon any Resident, Occupant or guest are deemed validly served upon all Residents. Each Resident agrees and is deemed to be an agent for service of process for all other Residents in eviction proceedings_ A Resident in default under this Agreement agrees to indemnify the other non -defaulting Residents and their guarantors. Residential Lease Contract -Texas, Certified DocsTM - Rev_ 9/2022 -Mb !! SE,tXIMWCr 0 &M 9.1. Replacements and Subletting. Without the prior written approval of Owner, replacing Residents or subletting the Leased Premises is strictly prohibited. Any attempt to replace any Residents or sublet the Leased Premises without Owners' prior written consent will be void. 9.2. Short Term Rentals. Residents are prohibited from offering all or part of the Leased Premises for short-term rental, such as through AirBNB, VRBO or other such sites. Use of short-term rentals includes advertising, and any and all other activities involved in locating short term renters and or disseminating information of, and regarding, the possible availability of the Residential Community for any apartment for the rental by short-term or transient occupants on sites such as Expedia, Priceline, Hotels.com, Booking.com, AirBNB or other similar locator websites, or web -based, electronic media, or private websites for individuals or companies. Any person who is not a Resident or a member of their household, who occupies any portion of the Leased Premises, for any period of time whatsoever, for any compensation or consideration whatsoever (including, without limitation, the payment of money and/or trade and/or barter of other goods, services, or property occupancy rights) is not an Occupant or guest or invitee. This constitutes attempted subletting or assignment under this Agreement. 10. USE OF LEASED PREMISES AND COMMON AREAS. Residents shall not do or permit anything to be done in or about the Leased Premises that will in any way obstruct or interfere with the rights of other residents or occupants of the building or injure or annoy them or use or allow the Leased Premises to be used for any improper, unlawful, or objectionable purpose. Further, Residents shall not cause, maintain, or permit any nuisance in, on, or about the Leased Premises, or commit any waste in or on the Leased Premises, and shall promptly notify Owner in writing of any defective or potentially defective conditions, in the Leased Premises, or in the Residential Community. Finally, Residents shall not put the Leased Premises to any use that violates local zoning ordinances or any other law applicable to the Leased Premises. Residents agree to reimburse and indemnify Owner for all fines or other penalties incurred by Owner as a result of the violation of any statute, ordinance, regulation or other governmental restriction by Residents or any members of their household, Occupants, or guests. Nothing set forth herein shall be deemed as disallowing any use of the Leased Premises that cannot legally be prohibited. Residents further agree to the following: 1) Residents must keep the Leased Premises and areas reserved for private use clean and sanitary; 2) trash must be disposed of at least weekly in appropriate receptacles; 3) passageways may be used only for entry or exit; 4) amenity areas must be used with care in accordance with the Rules and posted signs; 5) glass is prohibited in all common areas; 6) conducting business of any kind in the Leased Premises or the Residential Community is prohibited without Owner's prior written consent —any lawful business conducted at home by computer, mail, or telephone is permissible if permitted by local zoning ordinance and customers, clients, patients, or other business associates do not come to the Leased Premises for business purposes; 7) businesses allowed in a home by state or local statute or ordinance will be permitted with proper licensing and notification provided to the Owner in advance of the operation of the business; 8) Owner may exclude from the Residential Community guests or others, who in Owner's judgment, have been violating the law, violating this Agreement or any community rules, which includes anyone who is disturbing other residents, neighbors, visitors, or Owner's representatives; 9) Owner may also exclude from any outside area or common area anyone who refuses to show identification or identify themselves as a guest, occupant or resident in the Residential Community; and 10) Residents agree to notify Owner if Residents or any occupants are convicted of a felony, offense involving a controlled substance, violence to another or destruction of property or if any of the above register as a sex offender in any state. Any violation of these provisions shall be deemed a material and incurable breach of this Agreement and shall entitle Owner to serve Residents with notice terminating the tenancy. 11. LEASED PREMISES AND FURNISHINGS. Residents acknowledge that Residents have inspected the Leased Premises. Residents acknowledge that the Leased Premises are in a clean and good condition including painted surfaces, carpets, flooring, all furniture, furnishings, fixtures, equipment and appliances. It shall be conclusively presumed that said Leased Premises and all items, appliances and fixtures contained therein are in good working condition, unless Residents deliver a contrary statement in writing to Owner prior to or on the starting date of this Agreement. Residents agree to diligently maintain the Leased Premises, be responsible for the proper care of any and all furniture, furnishings, fixtures, appliances and equipment therein, and to keep the Leased Premises in a neat and clean condition. Residents promise to return the Leased Premises and all furniture, furnishings, fixtures, equipment and appliances to Owner in the same condition at the time Residents vacate the Leased Premises as when first rented, less normal wear and tear. Residents further acknowledge that the smoke detector and/or carbon monoxide detector is operable and it is the responsibility of Residents to maintain the smoke detector and/or carbon monoxide detector in accordance with law and the manufacturer's recornmendations. Residents must promptly report non-functional smoke and/or carbon monoxide alarms to Owner so repairs can be made. The Leased Premises will be fumished with the following items: Refrigerator StOVetOD I range ven Garbaae disDosal A/C Heater Dishwasher. All appliances are installed per manufacturers' specifications and may be anchored. Residents shall not move, un-hook, or relocate any appliance connected to a gas/water source or floor drain connection at any time. Residents agree to promptly notify in writing (service request form) or by electronic notification to Owner of any defects, dilapidations, Residential Lease Contract - Texas, Certified Does", - Rev. 9/2022 6 emb LFASi,CARMMY dangerous conditions, or other needed repairs as said conditions become evident. Residents agree to immediately reimburse Owner for any sums incurred by Owner to repair the Leased Premises or any item, fixture, appliance or appurtenance damaged by the misuse or neglect of Residents or any members of their household, Occupants, or guests. This Agreement may not be terminated due to interruption of any service, including necessary repairs, beyond the control of the Owner, unless otherwise required by law. 11.1. Smoke Detectors. Residents are prohibited from disconnecting or intentionally damaging smoke detectors. Residents must immediately remove and replace the smoke detectors dead battery with a working battery. Failure to comply with this provision may subject Residents to damages and civil penalties under Tex. Prop. Code § 92.2611. 11.2. Security Devices. Subject to certain exceptions and limitations, Owner will provide: 1) a window latch on each exterior window of the Leased Premises; 2) a doorknob lock or keyed dead bolt on each exterior door; 3) a sliding door pin lock on each exterior sliding glass door of the Leased Premises; 4) a sliding door handle latch or a sliding door security bar on each exterior sliding door of the Leased Premises; 5) a keyless bolting device and a door viewer on each exterior door of the Leased Premises; and 6) any other requirements provided for by applicable law. At Owner's expense, Owner will rekey a security device operated by a key, card, or combination no later than the seventh (7) day after each Residents' turnover date. At Residents' request and expense, Owner will perform additional rekeying or change a security device. If Residents vacate the Leased Premises in breach of this Agreement, Owner may deduct the reasonable cost Incurred by Owner to rekey a security device from Residents" security deposit. 12. UTILITIES. Owner agrees, at Owner's expense, to furnish the following utilities to the Leased Premises: None. Residents agree to pay all charges (including utility deposits) not supplied by Owner, assessed by the utility provider (or Owner, or Owner's designated Billing Party) in connection with Residents' use of utilities during the term of this Agreement, or the period of occupancy by the Residents, whichever is longer. Residents agree to pay the utility bills for which they are responsible and ensure that utilities remain connected for the duration of the Initial Term or any renewal period. Residents shall properly use all electrical, gas and plumbing fixtures and appliances only for their intended purposes. Residents shall not install or operate any additional equipment or appliance, including, but not limited to, portable generators, additional refrigerators and freezers, a dishwasher, washing machine, clothes dryer or an air conditioning unit in the Leased Premises unless supplied by Owner or with Owner's prior written approval. Residents will be responsible for the following utilities: Water. Sewer. Trash. and Electric. Owner may modify the method by which the utilities are furnished to the Leased Premises or billed to Residents during the term of this Agreement. In the event of interruption or failure of utility services that Owner is required to fumish, Owner shall use reasonable diligence in its efforts to restore such services. Owner shall not be liable for any damages directly or proximally caused by interruption or failure of utility service unless such interruption or failure of utility service is solely due to Owner's failure to pay to the service provider for the provision of such services to the Leased Premises. Owner reserves the right, at any time a past due balance is owing on the utilities, to apply any and all funds received from the Residents, including funds paid as rent, first to the past due balance and then any remaining funds will be applied to Rent. Residents agree to this allocation of funds despite any limiting or restrictive endorsement contained on the payment. Further, if Residents fail to pay any utility charges that are to be paid by Residents, Owner may, at its option, pay such charges in full to retain continuing utility services and bill Residents such charges as additional rent together with the regular monthly rental payment on the 1st day of the month next following the date of such billing. When the Residents move from the Leased Premises, the utility charges will be charged to and deducted from the security deposit. It is understood and agreed between Owner and Residents that in the event sub -metered or allocation payments are not made when due, it shall be considered a default under this Agreement. 12.1. Connecting Utilities. Utilities which are individually metered must be connected in Residents' names and Residents are responsible for notifying the utility provider with any changes and move -out date so the meter can be timely read. If Residents fail to get the utilities turned on in Residents' name by the commencement date of this Agreement or cause the utilities to be transferred back into Owner's name prior to termination, surrender, or abandonment of the Leased Premises, Residents will be liable for a charge of $50.00 plus the actual or a reasonable estimate of the cost for use of the utilities during that time_ In certain areas, Residents may be able to choose between utility providers. If Residents choose to use a different provider than that of the Owner, Residents must provide Owner with written notice and must pay any applicable provider fees, including but not limited to, changing the service back to Owner's name after Residents move out. Owner will attach an addendum to this Agreement if a utility is sub -metered or pro -rated by an allocation formula. 13. DAMAGES, ALTERATIONS AND REPAIRS. Residents agree not to destroy, damage, deface or remove any part of the Leased Premises or Residential Community or permit any persons or animals to do so and to assume all liability for damages other than ordinary wear and tear. Residents shall make no alterations to the Leased Premises without the prior written consent of Owner. Any alteration made to the Leased Premises by Residents after that consent has been given, Residential Lease Contract - Texas, Certified DocsTM - Rev. 9/2022 7 q& IFASE CtlgiRAM @i (., and any fixtures installed as a part of that work, will at Owner's option become the Owner's property on the expiration or earlier termination of this Agreement, provided, however, that Owner shall have the right to require Residents to remove any fixtures at Residents' cost on termination of this Agreement. Residents shall notify Owner of any dilapidations or other defective conditions on the Leased Premises that require repairs. Residents agree not to install additional or different locks, gates or alarms on any doors or windows of the Leased Premises without written permission of Owner. If Owner approves Residents' request to install such mechanisms, Residents agree to provide Owner with a key for each lock. EXCEPT IN CASES OF EMERGENCIES OR FAIR HOUSING ACCOMODATIONS, ALL NOTICES FROM RESIDENTS OR OCCUPANTS TO OWNER REGARDING REPAIRS, SSERIIICES, OR SECURITY MUST BE SIGNED BY RESIDENTS OR OCCUPANTS AND PROVIDED TO OWNER IN WRITTEN OR ELECTRONIC FORM ONLY, AS SPECIFIED BY OWNER. Verbal requests from Residents, as well as written notes by Owner, Owner's employees, or agents will not be considered proper notice under this provision, and Owner's compliance with Residents' verbal requests does not constitute waiver of the strict requirements of this Section. Incidents constituting emergencies include situations where persons or property are in danger of imminent harm, such as fire, smoke, flooding water or active criminal activity. Residents must immediately notify Owner of any repairs, service issues, or security issues in the Leased Premises or at the Residential Community. Owner may terminate this Agreement upon reasonable notice to Residents if the Leased Premises are substantially damaged or the performance of services or repairs creates a danger to Residents, and Owner may remove Residents' personal property if it poses a safety or health hazard. Owner may temporarily interrupt services as needed to prevent property damage or perform repairs, which will not constitute a reduction in services entitling Residents to an abatement of rent, unless required by law. 14. RISK OF LOSS OF RESIDENTS' PROPERTY. Residents shall bear the risk of loss of any and all of Residents' personal property whether located in the Leased Premises, in garage/carport, designated storage areas or anywhere within the Residential Community. Residents agree not to hold Owner, its agents and/or employees liable in any manner for or on account of any loss or damages sustained by reason of the acts or omissions of third parties, or arising from any casualty (including but not limited to fire, smoke, rain, flood, water and pipe leaks, mold, hail, ice, snow, lightning, wind, explosions, earthquake, interruption of utilities, theft, hurricane, negligence of other residents, occupants, or invited/uninvited guests or vandalism, unless otherwise required by law). Residents understand and agree that Residents, any members of their household, Occupants, or guests are not beneficiaries of any insurance policies held by the Owner or the Owner's agents. Owner highly recommends that Residents purchase a renter's personal liability insurance policy for losses to Residents' personal property or injuries due to theft, fire, water damage, pipe leaks, etc. 15. ANIMALS. No animals are permitted without the prior written consent of Owner. Any such consent may be revoked at any time, with or without cause, by giving 1Q days written notice to Residents. Except to the extent written permission is given, animals may not be brought upon the Leased Premises, whether such animals belong to Residents or to any other person. The presence of any animals as to which written permission has not been given and is not currently in force, even if such animals are "just visiting," shall be deemed a material and incurable breach of this Agreement and shall be cause for the service of a notice terminating the tenancy. Service animals or companion animals are not subject to these provisions. However, Owner may require a written statement from a qualified professional verifying the need for the service or companion animal. 16. HOLD HARMLESS FOR GUESTS. Residents agree to defend, protect, indemnify, and hold harmless Owner and Owners agents against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action, and expenses, brought by Residents' Occupants, guests, or any other person in the Leased Premises with Residents' permission. If any action or proceeding is brought against Owner or Owners agents by reason of any such claim, upon notice from the Owner, Residents shall defend the same at Residents expense by counsel reasonably satisfactory to Owner. Owner is not liable for damage to doors, window, or screens; damage caused by open windows or doors; or damage cause by wastewater stoppage in pipes exclusively serving the Leased Premises unless the damage or stoppage is due to Owners negligence. Residents must pay for repair and/or replacement for the damage detailed above. Owner may require payment from Residents in advance of repairs or at any other time and delay in demand for payment by Owner does not constitute waiver by Owner. 17. DELIVERY OF LEASED PREMISES. If, for any reason, Owner is unable to provide occupancy to Residents by the scheduled first day of the Initial Term, this Agreement will continue to be in effect, and Residents' may elect one of the following remedies: a) a prorated daily abatement of rent until the date that Owner delivers possession of the Leased Premises; or b) Residents may terminate this Agreement up until such time as Owner delivers possession. Owner will have no liability to Residents if there is a delay of possession other than to refund any amounts paid to Owner under this Agreement. Residents' failure to .take occupancy of the Leased Premises due to issues of cleanliness, repairs, or services, does not constitute a failure of Owner to deliver possession of the Leased Premises. 18. RESPONSIBILITIES OF OWNER. Owner will act with customary diligence in keeping common areas reasonably clean; maintaining fixtures and appliances; complying with applicable safety, sanitation, and fair housing laws; and making reasonable repairs, subject payment by Residents for liable damages. Residential Lease Contract - Texas, Certified Docs'T" - Rev. 912022 $ - IFJISE COIfrRACT F g 18.1. Security. Owner makes no representations or guarantees to Residents concerning the security of the Leased Premises or the Residential Community. Owner is under no obligation to Residents to provide any security measure or take any action not required by statute. The presence of courtesy patrols, patrol cars, access gates, surveillance cameras or other deterrents do not guarantee that clime can or will be prevented. All such systems are subject to personnel absenteeism, human error, mechanical malfunctions and tampering. Residents are responsible for planning and taking action with respect to the safety of Residents and their property as if such systems and deterrents did not exist. Residents agree to immediately report all suspected or actual criminal activity to the appropriate local law enforcement agencies and, after doing so, to Owner, and shall provide Owner with such law enforcement agency's incident report number upon request. Owner has no obligation to obtain criminal background checks on any Residents and bears no responsibility or liability related to the criminal background or actions (whether past, present or future) of any person, even if Owner has actually run a criminal background check on applicants. Residents shall not rely on the fact that Owner may have run a criminal background check on Residents or any other applicant when deciding whether to enter into this Agreement. Background checks are limited to the information actually reviewed and are not a guarantee that a person with a criminal background does not reside at the Residential Community. Owner has not made and does not make any representations as to the background of any existing or future tenant and Owner is under no obligation to run background checks on any existing tenant or future applicant. 19. ACCESS. Owner may enter the Leased Premises under the following circumstances: 1) in case of emergency; 2) to make necessary or agreed repairs, decorations, alterations, or improvements; 3) to supply necessary or agreed services; 4) to exhibit the Leased Premises to prospective or actual purchasers, mortgagees, tenants, workers, or contractors; 5) if Residents abandon or surrender the Leased Premises; 6) pursuant to court order; 7) to perform an inspection of the Leased Premises; or 8) under any other circumstances permitted by state law. Owner will give Residents at least twenty --four (N hours notice of Owner's intent to enter unless: a) an emergency exists; b) Residents have abandoned or surrendered the Leased Premises; or c) it is impracticable to do so. Further, Owner will enter only during regular business hours unless: i) an emergency exists; ii) Residents have abandoned or surrendered the Leased Premises; or iii) Residents consent, at the time of an entry that is not during normal business hours, to the entry. Residents agree that if they deny Owner access to the Leased Premises when Owner is in compliance with statutory requirements and entitled to access, any such denial of access shall be deemed a material breach of this Agreement and shall entitle Owner to serve Residents with a notice terminating this Agreement. 20. TERMINATION, DEFAULT AND REMEDIES. Owner and Residents agree that all provisions, obligations, and conditions of this Agreement are reasonable and material and that a breach by Residents of any such provision, obligation, or condition constitutes a material breach thereof_ Owner is entitled to all rights, remedies, and damages under this Agreement and by law, including, but not limited to, all rights and remedies for damages to the Leased Premises, cleaning charges, past and future rent due, or other amounts due under this Agreement. All rights and remedies provided in this Agreement and by law are cumulative. This Agreement shall be deemed terminated upon written notice of termination by Owner to Residents. No other action by Owner shall constitute termination, including, but not limited to: a) maintenance of the Leased Premises by Owner or on Owner's behalf, b) efforts to rent out the Leased Premises by Owner or on Owner's behalf; c) Owner's withholding of consent to assign or sublet the Leased Premises pursuant to the terms of this Agreement; d) Owner's termination of a sublet or assignment of the Leased Premises pursuant to the terms of this Agreement; or e) actions by Owner to procure the appointment of a receiver to secure Owner's interests under this Agreement. In the event of a breach by Residents, or where required by applicable law, Owner may provide to Residents written notice of the breach and demands for cure. 20.1. Acceleration. If Residents, without Owner's consent, move out, remove property in preparation to move out, or give oral or written notice of intent to move out prior to the end of the Initial Term or renewal periods AND Residents have not paid all rent for the entire Initial Term or renewal periods, then Residents will be liable to pay rent through the remainder of the Initial Term or renewal periods. Payment will be automatically accelerated and due without notice or demand. Residents under a court ordered eviction or Residents who move -out on dernand front Owner due to a breach, will also be subject accelerated rent payment. Accelerated rent payments are subject to Owner's obligation to mitigate. 20.2. Collection Fees and Judgments. Residents will be subject to eighteen percent (18%) interest per year, compounded annually, from the due date for all unpaid amounts owed to Owner, including judgments. Residents must also pay any collection agency fees if Residents fail to pay all amounts due within ten (10) days after Owner mails notice demanding payment and states that collection fees will be added to amount owed. In the event of litigation resulting from or relating to this Agreement, the prevailing party may recover reasonable attorneys' fees and all other litigation costs from the non -prevailing party. Neither party may recover attorneys' fees or litigation costs associated with the parry's claims for personal injury, sentimental, punitive, or exemplary damages. 20.3. Notice. If Owner fails to repair a condition that materially affects the physical health or safety of Residential Lease Contract - Texas, Certified Does'"" - Rev. 9/2022 9 &L IFASk,CCn!zr 49 & roM an ordinary resident as required by this Residential Lease Contract or the Texas Property Code, Resident may be entitled to exercise remedies under § 92.056 and § 92.0561 of the Texas Property Code. If Resident follows the procedures under those sections, the following remedies may be available to Resident: 1) terminate the Residential Lease Contract and obtain an appropriate refund under 92.056(f); 2) have the condition repaired or remedied according to § 92.0561; 3) deduct from the rent the cost of the repair or remedy according to § 92.0561; and 4) obtain Judicial remedies according to § 92.0563. Do not exercise these remedies without consulting an attorney or carefully reviewing the procedures under the applicable sections. The Property Code presumes that seven (7) days is a reasonable period of time for Owner to make a diligent effort to repair a condition unless there are circumstances which establish that a different period of time is appropriate (such as the severity and nature of the condition and the availability of materials, labor, and utilities). Failure to strictly follow the procedures In the applicable sections may cause Residents to be In default of this Agreement. 20.4. Reletting Expense. Because damages relating to the Owner's costs to replace tenants are difficult to ascertain in the situations described below, Residents agree that a reletting expense of $1.011.50, which does not exceed eighty-five (85%) of the highest monthly rent under this Agreement, is a reasonable estimate for such activity. Residents will be required to pay the reletting expense: a) for failure to move into the Leased Premises; b) for failure to provide written move -out notice pursuant to terms of this Agreement; c) upon Owner's demand in the event of Residents' default; d) pursuant to a court order for eviction; e) for failure to pay rent in full for the entire lease term or renewal period upon move -out; or f) for failure to pay any additional unpaid balances owed. The reletting expense is not the same as a lease cancellation fee or buyout fee, rather, it is an agreed upon liquidated amount to cover Owner's damages in part. The reletting expense is not a substitute for and does not release Residents from liability for damages to the Leased Premises, cleaning charges, past and future rent due, or other amount due under this Agreement. 21. MOVE -OUT NOTICES AND PROCEDURES. Prior to moving out, Residents are required to provide Owner with advance written notice. The move out notice must comply with the notice provision of this Agreement and provide Resident's move out date. Residents must obtain written acknowledgment from Owner of receipt of Residents' move out notice. If Owner terminates this Agreement, Owner will provide Residents with the same notice unless Residents have breached the terms of this Agreement. Oral move out notice is not an acceptable form of termination_ The move out date provided for in the notice cannot be changed without additional written agreement signed by both parties. Each Resident must provide Owner with their forwarding address in writing. A move out notice does not release Residents from liability under the full term or any renewal terms of this Agreement except where Resident moves out pursuant to a Military Personnel Release or if Owner and Resident agree to such release in a written amendment signed by both parties. Residents, Occupants, and guests must vacate the Leased Premises on or by the agreed upon move out date, the date contained in Resident's move out notice, or Owner's notice to vacate. Owner may pursue action for possession for any hold over after expiration of the term of this Agreement or its termination, without the consent of Owner. Additionally, Residents will be liable for hold over rent and rent for the full term a lease signed by a new resident, prior to Residents' hold over, who is unable to occupy the Leased Premises because of Residents' hold over. If the hold over is willful and not in good faith, Owner may also recover: 1) an amount equal to, but not more than, three (3) months periodic rent or the actual damages sustained by Owner, whichever is greater; 2) reasonable attorneys fees; and 3) any other damages allowed by state law. Pursuant to state law, Residents may not withhold any portion or last month's rent under the assumption that the security deposit will cover rent due. Residents may be liable for up to three (3) times the amount of wrongfully withheld for bad faith violations of this provision. 21.1. Cleaning. Prior to moving out, Residents are required to clean all areas of the Leased Premises, including but not limited to, living and dining rooms, kitchens, hallways, bedrooms, closets, bathrooms, floors, outdoor walkways, patios, balconies, and any leased or assigned parking or storage areas. Residents must also comply with move out and cleaning instructions provided by Owner. If, at Owner's discretion, Residents fail to adequately clean the Leased Premises, Owner reserves the right to hire a professional cleaning service and Residents will be liable for reasonable cleaning expenses. Owner may deduct the cost of carpet cleaning regardless of whether the Residents clean the carpet before delivery of possession of the Leased Premises to Owner. 22. RESIDENTS' PERSONAL PROPERTY. Residents shall vacate and remove all personal property from the Leased Premises upon expiration or termination of this Agreement. Owner may remove and dispose of Residents' personal property in a manner permissible by state law: a) fourteen (14) days after termination or expiration of this Agreement and Residents have vacated the Leased Premises; or b) upon surrender, abandonment, or court ordered eviction of Resident. Owner may consider the Leased Premises surrendered when: a) this Agreement expires; b) Residents return keys and access devices to Owner; or c) the Residents have vacated the Leased Premises and the move out date has passed, whichever is earlier. Owner may consider the Leased Premises abandoned when: a) the Leased Premises appears to have been vacated; b) a significant number of the Residents' personal belongings have been removed; c) electric services to the Leased Premises has been tenTinated for seven (7) consecutive days; d) Residents do not provide timely response to notice of abandonment posted on the door of the Leased Premises and sent by Owner to Residents' last known address; or e) ten (10) days after the death of sole resident of the Leased Premises. � Residential Lease Contract -Texas, Certified DocsT" - Rev. 9/2022 10 Mb Lr.ASE Cats " 0 &Q A contractual lien may be placed on all property in the Leased Premises to secure payment of delinquent rent by Owner, subject to exclusions and limitations provided by applicable law. Owner will follow all applicable legal requirements for seizure, removal, notice, sale, redemption, and storage of Residents' personal property. All property in the Leased Premises is presumed to belong to Residents' unless proven otherwise. Property seized and stored by Owner under a contractual lien for rent as authorized by law may be redeemed by Residents by full payment of all delinquent rent due at the time of the seizure. If notice of sale is given prior to Residents seeking redemption, Residents may redeem their seized property by full payment of all delinquent rent due and reasonable charges for packing, removing, and storing. Property removed or stored by Owner after Residents surrender, abandon, or are subject to a court ordered eviction may be Redeemed by Residents upon payment of all outstanding sums owed under this Agreement and applicable law. In all instances of redemption by Residents, Owner may require payment in cash, money order, or certified check. 23. SECURITY DEPOSIT RETURN. Owner will mail the security deposit, less any lawful deductions, and an itemized list of amounts withheld no later than thirty (30) days after termination, surrender, or abandonment, unless applicable law provides otherwise. Delivery of security deposit refunds and itemized deductions to any one of multiple residents shall constitute notice and delivery to all Residents. Residents are not entitled to a refund of any portion of the security deposit unless Owner receives proper notice of move -out pursuant to this Agreement. If Residents fail to provide a valid forwarding address, Owner shall mail, by first class mail, the deposit or itemized accounting, or both, to the last known address of the Residents or, if none, to the Residents at the address of the Lease Premises. Any deposit unclaimed by the Resident, as well as any outstanding check, shall be forfeited by the Resident after ninety (90) days. 24. RELEASE OF RESIDENTS. Unless otherwise provided for by this Agreement or by law, Residents will not be released from this Agreement. 24.1. Military Personnel Release. The Servicemembers Civil Relief Act ("SCRA") provides relief to U.S. service members entered into certain real property leases. Residents eligible for protection under the SCRA include: 1) Active duty service members who receive military orders for a permanent change of station or deployment orders; 2) Residents entering active duty service for the first time; and 3) Activated Reservists and National Guardsmen, when serving in federal active duty. The SCRA allows for early termination in the following instances: a) the service member entered into the lease before active military service; b) the service member entered into the lease while on active duty and then received permanent change of station orders; or c) the service member entered into the lease while on active duty and then received orders to deploy in support of a military operation in excess of ninety (90) days. Residents seeking release pursuant to the SCRA are required to provide: 1) at least thirty (30) days written notice to Owner; and 2) copies of Residents' military orders. After notice is delivered, this Agreement will be terminated thirty (30) days after the next date that rental payment is due_ In order to be eligible for release under this section, this Agreement must be signed by or on the behalf of the service member. Release under this section does not apply to a co -resident who is not the spouse or legal dependent of the eligible Resident. 25. MISCELLANEOUS. This Agreement, including all applicable exhibits, schedules, addenda, or forms, sets forth all of the promises, agreements, conditions, and understandings between Owner and Residents and may not be changed or modified except by an agreement in writing signed by all parties. Residents acknowledge that all representations and statements relied upon in executing this Agreement are contained herein and that Residents in no way relied on any other statements or representations, written or oral. This Agreement and all rights of Residents arising under it are expressly agreed to be subject and subordinate to present and future recorded mortgages which are or may be placed upon the Leased Premises and all other rights afforded to the holder of any such mortgages. 25.1. Zero Tolerance Crime Policy. Residents, Occupants, guests, or other individuals under Residents' control: 1) shall not engage in criminal activity or engage in any act intended to facilitate criminal activity on or near the Residential Community; 2) shall not engage in drug -related criminal activity on or near the Residential Community, including but not limited to, the illegal manufacture, sale, distribution, use, or possession with the intent to manufacture, sell, distribute, or use of an illegal or control substance as defined in Section 102 of the Controlled Substance Act, 21 U.S.C. § 802; 3) shall not facilitate, use, or permit the Leased Premises to be used for criminal or drug -related criminal activity; and 4) shall not engage in any illegal activity which might negatively affect the health, safety, or welfare of the Owner, Owner's agents, other residents, the Leased Premises, or the Residential Community. Owner and Residents agree that the provisions in this Addendum are reasonable and material and that a violation by Residents of any such provision constitutes a material breach of the Residential Lease Contract and is good cause for immediate termination of tenancy. 25.2. Satellite Dishes and Antennas. The Federal Communications Commission states that Residents have a limited right to install a satellite dish or receiving antenna within the Leased Premises. The Residential Lease Contract must be amended to incorporate requirements and restrictions prior to any installation. Residents are responsible for making sure the Leased Premises is in a location to receive the satellite signal prior to requesting permission to install. For information on requirements and restrictions, contact Owner. Resident shall not install any external media device nor Residential Lease Contract - Texas, Certified Docs rm - Rev. 9/2022 ( 11 IYASECOprRACr0 L�taili➢Id -climb or have others climb upon the roof. 25.3. Bedbugs. Bedbugs are wingless parasites which may lie dormant in cracks, crevices and personal belongings until a host is present. Residents have an affirmative duty to inspect the Leased Premises and notify Owner of the presence or infestation of insects or vermin including bedbugs within forty-eight (48) hours of the Residents taking possession of the Leased Premises. Absent this timely notice to Owner, Residents acknowledge and confirm that the Leased Premises are free of the presence or infestation of insects or vermin, including bedbugs. Residents agree to maintain the Leased Premises in a manner that prevents the occurrence of an infestation of insects and vermin including bedbugs. If Residents allow individuals or items carrying bedbugs into the Leased Premises, or have repeated infestations that cannot be traced to another source, such will be deemed damage to the Leased Premises and Residents will be responsible for the cost of treatment to the Leased Premises, personal belongings and surrounding residences as necessary to eradicate the infestation. 25.4. Attorney's Fees. In the event of any litigation relating to this Agreement or the rights or liabilities of any party arising hereunder, the prevailing party in such litigation shall be entitled to its costs, including reasonable attorney's fees, incurred in such litigation, not to exceed a maximum total of $1,500.00 in Fees and/or costs. In the event any such litigation is dismissed prior to trial, the parties agree that there shall be no prevailing party for purposes of an award of attorney's fees and/or costs. An eviction or unlawful detainer action shall be considered an action relating to this Agreement and thus subject to this provision. 25.5. Domestic Violence. Upon written request by the victim of domestic violence, Owner will change the locks within twenty-four (24) hours and provide 'ihe protected Resident a key to the new lock. Resident may terminate this Agreement if Resident is a victim of domestic violence. Resident or other household member must make a request to terminate this Agreement within sixty (60) days of the date the restraining order was issued or the police report was written. Resident that is the victim of domestic violence is responsible for the payment of rent for thirty (30) days following the written notice. If the Leased Premises is occupied by other Residents, the obligation to pay rent will continue until the end of this Agreement. Resident must provide: a) a copy of the restraining order or emergency protective order lawfully issued within the last one hundred -eighty (180) days; or b) a copy of a written report, written within the last one hundred -eighty (180) days, by a peace officer employed by the state or local law enforcement agency acting in official capacity, stating that the Resident or household member has filed a report alleging that the Resident or a household member is a victim of domestic violence, sexual assault or stalking. Owner may terminate this Agreement or elect not to renew this Agreement if: a) Resident allows the person against whom the protective order has been issued or who was named in the police report of the act or acts of domestic violence, sexual assault or stalking to visit or reside in the Leased Premises; or b) Owner reasonably believes that the presence of the person against whom the protection order has been issued or who was named in the police report that outlines the act or acts of domestic violence, sexual assault or stalking poses a physical threat to other Residents, household members, guests or employees or to a Residerift right to quiet possession of the Leased Premises. 25.6. Sale of Leased Premises. In the event of a sale or pending sale of the Residential Community or in the event the Owner, new owner, lender, or lender's receiver must obtain possession of the Leased Premises in order to redevelop, renovate, or demolish the Leased Premises or any portion of the Residential Community, Residents agree that the Owner, new owner, lender, or lender's receiver shall have the right to terminate this Agreement upon sixty (60) days written notice. 25.7. Fair housing. Owner shall comply with all applicable local, state, and federal non-discrimination and fair housing laws, including laws which prohibit discrimination on the basis of race, religion, ethnic origin, national origin, color, sex, age, physical or mental disability, or family status_ 25.8. Unpaid Balances. All unpaid balances bear eighteen percent (18%) interest per year from due date, compounded annually. Additionally, if Residents fail to pay all sums due as stated in the demand letter by the deadline stated in the demand letter, Residents shall be liable to pay all collection agency fees related to the collection of the unpaid balances. 25.9. Photograph Release. Residents give permission to Owner to use any photograph or photographic image including video or video stills taken of Residents while in the common areas of the Residential Community or at any events sponsored by the Residential Community. Residents hereby grant Owner, and any of Owner's affiliates, successors or anyone else authorized by Owner, the irrevocable and unrestricted right and permission to copyright, in its own name or otherwise, the unlimited use of Residents' image, without restriction as to changes or alterations, made through any medium, for any legal purpose whatsoever. Residents also consent to the use of any printed matter in conjunction therewith. Residents hereby waive any right to inspect or approve the finished product and the advertising copy or other matter that may be used in connection therewith or the use to which it may be applied. Residents hereby release, discharge, and agree to hold harmless Owner and any of Owner's affiliates, successors or anyone else authorized by Owner, for all claims and demands arising out of or in connection with the use of the images taken of fResidential Lease Contract - Texas, Certified DocsTM - Rev. 912022 12 all, ICEL ET® IMW Residents, including without limitation any and all claims for libel, false fight or invasion of privacy. Initial: 25.10. Liquid Filled Furniture. Liquid filled furniture, including, without limitation, waterbeds and aquariums, is allowed only with proper insurance coverage, and prior written approval of Owner. Residents must provide Owner with at least 24-hours written notice prior to the installation, removal or movement of any liquid -filled furniture and Owner has the right to be present at the time of such installation, removal or movement. Installation movement and removal must be done in accordance with standards set by the manufacturer, retailer or state law, whichever provides the higher degree of safety. No aquariums over 1g gallons are permitted without prior written consent of the Owner. Any damages to the Leased Premises, community or other community residents' belongings as a result of leaks from liquid filled furniture will be replaced at the expense of Residents. Damages caused by the liquid filled furniture to other residents' belongings will give Owner permission to provide necessary Residents' information to all parties affected by the damage. 25.11. Cash is not accVRtable as a form of agyment. All monthly-Mments must be made by one (1) check not multiule checks. Partial payment of rent is not accetrtable at any time: all payments must be made In full to include all amounts due. Post-dated or third Darty oavments will not be accepted. 25.12. Deactivation of Keyless Bolting Devices. Owner may deactivate or not install keyless bolting devices on Residents' doors if: 1) one of Residents or an occupant in the Leased Premises is over fifty-five (55) or disabled; and 2) the requirements of Tex. Prop. Code § 92.153(e) or (f) are satisfied_ 25.13. Utility Use and Waste. Residents acknowledge and agree that utilities provided under this Agreement are for normal household use and must not be wasted. 25.14. Waiver of Jury Trial. To the extent permitted by law, the parties agree that any dispute arising from or related to this Agreement will be decided by a judge and not a jury. 26. DISCLOSURE. Owner may provide information on Residents or Residents' rental history to business affiliates or upon reasonable request from an authorized agent of state or federal government or law enforcement agency. 27. NO WANER. Owner's failure on any occasion to require strict compliance with any provision of this Agreement or to exercise any rights arising hereunder shall not be deemed a waiver of Owner's right to subsequently enforce any such provision or to insist upon any such right. The fact that Owner may have accepted late payment(s) on one (1) or more occasions shall not be deemed a waiver of Owner's right to insist upon timely payment of rent nor to exercise any remedy available for late payment of rent. Acceptance of rent following a breach of this Agreement shall not be deemed to constitute a waiver of such breach. No custom or practice which may develop between the parties in the course of the tenancy shall be construed to waive the right of Owner to enforce any provision of this Agreement. Owner's representatives (including management personnel, employees, and agents) have no authority to waive, amend, or terminate this Agreement or any part of it, unless in writing, and no authority to make promises, representations, or agreements that impose security duties or other obligations on Owner or Owner's representatives unless in writing. Except when notice or demand is required by statute, Residents waive any notice and demand for performance from Owner of Residents' default. Written notice to or from Owner's agents, representatives, or managers constitutes notice to or from Owner. All notices must be signed. 28. SEVERABILITY. If a provision or paragraph of this Agreement is legally invalid, or declared by a court to be unenforceable, such provision or paragraph will be deemed deleted and the rest of this Agreement shall remain in effect. To the extent that any provision of this Agreement is in conflict with any provisions of applicable law, such provision is hereby deleted, and any provision required by applicable law which is not included in this Agreement is hereby inserted as an additional provision of this Agreement, but only to the extent required by applicable law and then only so long as the provision of the applicable law is not repealed or held invalid by a court of competent jurisdiction. 29. ATTACHMENTS TO THE AGREEMENT. Residents certify that he/she/they have received a copy of this Agreement and the below listed attachments to this Agreement, and understand that these attachments are part of this Agreement. Texas Information About Brokerage Services Animal Addendum Bedbug Addendum Community Policies Flood Hazard Disclosure - TX Key, Permits & Access Device Addendum Mandatory Liability Insurance Parking Storage Garage Addendum Participation Addendum Resident Information Renewal Update Restricted Animal/Breed Policy Satellite Dish and Antenna Addendum 30. SIGNATORIES. This Agreement expresses the complete understanding of the parties with respect to the subject matter set forth herein and supersedes all prior proposals, agreements, representations and understandings. The ' Residential Lease Contract -Texas, Certified DoesIm - Rev. 9/2022 13 & tPesE COMB = e d"Q Undersigned Residents, whether or not in actual possession of the Leased Premises, are jointly and severally responsible for all obligations arising hereunder. This Agreement shall not be considered to be in full force and effect until signed by Owner. Owner may, without liability, refuse to enter into this Agreement and may refuse to allow Residents to occupy the Leased Premises at any time prior to signing this Agreement. Anything to the contrary in this provision notwithstanding, Residents shall be fully liable for all obligations arising hereunder, and Owner may enforce the provisions of this Agreement against Residents if, for any reason or by any means, Residents obtain occupancy to the Leased Premises before such time as this Agreement has been signed by Owner or Owner's authorized agent. Residents may take a copy of these documents for review and/or consult an attorney before submitting a rental application or signing this Agreement. Additional provisions or changes may be made in this Agreement If agreed to in writing by all parties. Residents are entitled to receive an original of this Agreement after it is fully signed. 30.1. Electronic Signatures. The parties agree that they may enter into this transaction by electronic means; although, traditional hard copies with ink signatures may be used instead at Owner's option or if required by law. Residents agree and acknowledge that if Residents are entering into this transaction with Owner by electronic means, doing so is not conditioned on Residents' agreement to conduct the leasing transaction electronically. (ey FPlMan&t,., on be' and as designated Date agent for, Owner) � " Residential lease Contract - Texas, Certified Docs^ - Rev. 912022 14 d& IfJ4SE CumeT ® CkQ ANIMAL ADDENDUM This Addendum ( "Addendum") is made part of the Residential Lease Contract ("Agreement") dated Auaust 22. 2023, and is between the Owner of Tides at Meadowbrook ("Owner") and Tremain A. Webster, (collectively and individually "Residents"), for the premises at 603 KING GEORGE DRIVE #133. FORT WORTH. TX 76112 (the "Leased Premises"), which is located within Tides at Meadowbrook (the "Residential Community"). All capitalized terms used but not defined herein shall have the meaning set forth in the Agreement. Where the terms and conditions of this Addendum vary or conflict with the terms and conditions of the Agreement, the terms and conditions of this Addendum shall control. No animals are permitted without the prior written consent of Owner. Any such consent may be revoked at any time, with or without cause, by giving ten (101 days written notice to Residents. Except to the extent written permission is given, animals may not be brought upon the Leased Premises, whether such animals belong to Residents or to any other person. The presence of any animals as to which written permission has not been given and is not currently in force, even if such animals are "just visiting," shall be deemed a material and incurable breach of this Addendum and shall be cause for the service of a notice terminating the tenancy. Service animals or companion animals are not subject to these provisions; however, Owner may require a written statement from a qualified professional verifying the need for the service or companion animal. 2. Subject to strict compliance with this Addendum, you are permitted to have the following 0 animal(s) on the Leased Premises: No pets have been authorized at this time. 3. RENT. A total monthly animal rent of $0.00 is required. The animal rent shall be due and payable with Residents' monthly rental payment. 4. DEPOSIT. An additional deposit of 50.00 is required for each animal. Upon vacating the Leased Premises, Owner shall do an inspection of the Leased Premises and any sanitizing or damage attributable to the animal(s) shall be charged to Residents accordingly. The animal deposit will be considered part of the general security deposit and can be applied to all damages. This additional security deposit shall be deemed part of the general security deposit for all purposes. The security deposit amount set forth in this Addendum is in addition to, and not in lieu of, any other security deposit paid by Residents. Refund of the security deposit will be subject to the terms and conditions set forth in the Residential Lease Contract. 5. COMMUNITY RESTRICTIONS. If Residents violate the animal restrictions in this section or other rules regarding animals, Residents will pay an initial charge of $0.00 per animal and a daily charge of $0.00 per animal from the date the animal was brought onto the Leased Premises until it is finally removed. Owner will also have all other remedies for such violation. A. Animals must be under Residents' control when outside of Leased Premises and shall not be tied to anything or left unattended outside of Leased Premises. Residents shall be limited to a maximum of 2 animal(s) weighing not more than 35 Dounds per animal when fully grown, unless otherwise given written permission by Owner. B. When animal is acquired, additional sums may be required to be paid by Residents. Service or companion animals are not subject to this provision nor the standard animal deposits and animal rent requirements; however, Owner may require a written statement from a qualified professional verifying the need for the service animal or companion animal. C. Residents are responsible for the immediate removal of animal's waste_ Animal owners are required to purchase and carry scoopers and/or trash bags when walking dogs within community, including designated dog run areas. Some communities may be equipped with pet waste disposal stations. D. Residents may not leave the animal on the patio, balcony or in the yard for extended periods of time. E. Animals are not allowed on landscaped or grassy areas under any circumstances. F. Patios should be kept clean of animal droppings. During hot weather, especially, odors from such can be extremely offensive to neighbors. No food is to be left outside. G. Because of health regulations, non -service animals are not permitted in or around the pool area, laundry rooms, or other recreational facilities. Any mess on the grounds created by the animal shall immediately be cleaned up by the pet owner. H. Owner is not obligated to make necessary or requested repairs while an animal is present in the Leased Premises. 6. INOCULATION. Said animal has been properly licensed and has current inoculations for the type of animal. 7. DISTURBANCE. Residents will be asked to remove any animal that regularly disturbs residents, whether inside or outside, or constitutes a problem or obstruction to the agents and employees of Owner from properly performing their functions, duties and responsibilities. 8. IMPOUNDMENT. If the animal is loose on the Leased Premises and Residents are not available or willing to retrieve it, 15 'Owner may, but is not obligated to, retrieve and return it to the Leased Premises, or cause appropriate officials to impound it. Residents agree to indemnify Owner for any damages and/or expenses incurred in carrying out any one of the foregoing options. 9. REVOCATION. If Residents fail to remove said animal following complaints from residents and requests from Owner, the Residents agree, on ten (10) days written notice, to remove animal from the Leased Premises permanently or lease will be terminated. Owner may revoke the consent given herein upon ten 10 days written notice, which revocation will require Residents to remove the animal from the Leased Premises within said to days. 10. OWNER'S LIABILITY. In the event of injury or death of a pet, Owner will not be liable to Residents, any member of Residents' household, occupants, guests, invitees, or other persons for any indirect, incidental, consequential or special damages, whether foreseeable or not nor however caused, even if Owner is advised of the possibility of such damages. 11. VIOLATION OF RULESIVIOLATION FEE. If Residents, any member of Residents' household, occupants, guests, invitees, or other persons violate any rule or provision of this Animal Addendum, then Owner may demand that Residents remove the animal permanently from the Leased Premises. Owner also has all other rights and remedies set forth in the Residential Lease Contract, including but not limited to damages, termination, and eviction. If Residents fail to clean up animal waste from any part of the Residential Community and Owner, as a result of Residents' noncompliance, is required to make arrangements to have the waste cleaned up, Residents shall pay Owner a sum of $50,00, per occurrence, as a liquidated damage. Said sum shall not limit Owner's right to terminate the tenancy, force Residents to remove the animal, and/or evict Residents, based upon any violation of this Addendum. IN�NDING TO BE BOUND, the parties hereto have executed this Addendum s of the day and year first above written. (B}"FPI Management, Inc., on behalf of, s designated Date agent for, Owner) BED BUG ADDENDUM This Addendum ( "Addendum") is made part of the Residential Lease Contract ("Agreement") dated August 22. 2023, and is between the Owner of Tides at Meadowbrook ("Owner") and Tremain A. Webster, (collectively and individually "Residents"), for the premises at 603 KING GEORGE DRIVU133. FORT WORTH. TX 76112 (the "Leased Premises"), which is located within Tides at Meadowbrook (the "Residential Community"). All capitalized terms used but not defined herein shall have the meaning set forth in the Agreement. Where the terms and conditions of this Addendum vary or conflict with the terms and conditions of the Agreement, the terms and conditions of this Addendum shall control. This Addendum is intended to provide information and instructions for preventing and controlling bed bugs in order to maintain and protect the quality of the living environment for all Residents. Residents agree to maintain the Leased Premises in a manner that prevents the occurrence of a bedbug infestation in the Leased Premises. Residents further agree to uphold this responsibility in part by complying with the following list of responsibilities, and agree and understand that, in addition to any other remedies available to Owner under the Lease, Residents may be liable for any damages resulting from their failure to comply with the following: 1. Prevention Recommendations. Residents will practice good housekeeping, including the following: • If Residents stay in a hotel or another home, inspect clothing, luggage, shoes, and belongings for signs of bed bugs before Residents enter the Leased Premises. Check backpacks, shoes, and clothing after visits to friends or family, theaters, and after using public transportation. After guests visit, inspect beds, bedding, and upholstered furniture. Residents will remove clutter. Bed bugs like dark, concealed places, such as in and around piles of clothing, shoes, stuffed animals, laundry, especially under the bed and in closets. Residents will keep the Leased Premises clean. Vacuum and dust regularly, particularly in the bedroom, being especially thorough around and under the bed, drapes, and furniture. Use a brush attachment to vacuum furniture legs, headboard, and in and around the nightstand. While cleaning, look for signs of bed bugs, and report these immediately. • Residents will arrange furniture to minimize bed bug hiding places. If possible, keep beds and upholstered furniture several inches away from the walls. • It is highly recommended that Residents cover mattresses and box springs with zippered covers that are impermeable to bed bugs. These are relatively inexpensive, and can prevent bed bugs from getting inside the mattress, their favorite nesting spot. The covers will also prevent any bugs inside from getting out; they will eventually die inside the sealed cover (though this may take many months). Thicker covers will last longer_ • Residents will avoid using appliances, electronics and furnishings that have not been thoroughly inspected for the presence of bedbugs. Make sure that the electronics, appliance, or furniture company has established procedures for the inspection and identification of bedbugs or other pests. This process should include inspection of trucks used to transport appliances, electronics, or furniture. Never accept an item that shows signs of bedbugs. Never take discarded items from the curbside or trash enclosures. 2. Prompt Reporting. Residents must immediately notify Owner, in writing, of any problems. Specifically, Residents will: Report any signs of bed bugs. Do not wait. Even a few bugs can rapidly multiply to create a major infestation that can spread from one apartment to another. Report any maintenance needs. Bed bugs like cracks, crevices, holes, and other openings. Request that all openings be sealed to prevent the movement of bed bugs from room to room. 3. Cooperation with Pest Control. Residents will cooperate with pest control efforts, including allowing Owner to access the Leased Premises, in accordance with applicable law, to inspect and provide necessary treatments_ If the Leased Premises (or a neighbor's residence) is infested with bed bugs, a pest management professional may be called in to provide necessary treatments. The treatment is more likely to be effective if the Leased Premises is properly prepared. Residents will comply with the recommendations from the pest management professional, including: • Remove all bedding (bed skirts too), drapes, curtains, and small rugs; bag these for transport to the laundry or dry cleaner. • Check mattresses carefully; those with minimal infestation may be cleaned, encased in vinyl covers, and returned to service. Heavily infested mattresses are not salvageable; seal these in plastic and dispose of them properly. • Empty dressers, nightstands, and closets. Remove all items from floors and surfaces. Inspect every item for signs of bed bugs. Using sturdy plastic bags, bag all clothing, shoes, boxes, toys, stored goods, etc. Bag washable and non -washable items separately. Take care not to tear the bags, and seal them well. Used bags must be discarded properly. • Vacuum floors, including inside closets. Pay special attention to corners, cracks, and dark places. 17 • Vacuum all furniture, including inside drawers and nightstands. Vacuum mattresses, box springs, and upholstered furniture, being sure to remove and vacuum all sides of loose cushions, as well as the undersides of furniture. • Carefully remove vacuum bags, seal bags in plastic, and discard. • Clean all machine -washable bedding drapes, clothing, etc. Use the hottest water the machine provides, and dry at highest heat setting. Take other items to a dry cleaner, but be sure to advise the dry cleaner that the items are infested. Discard any items that cannot be decontaminated. • Move furniture toward the center of the room, so that technicians can easily treat carpet edges where bed bugs congregate, as well as walls and furniture surfaces. Be sure to leave easy access to closets. 4. Indemnification. Residents agree to indemnify and hold harmless Owner from any actions, claims, losses, damages, and expenses, including, but not limited to, attorneys' fees the Owner may sustain or incur as a result of the negligence of Residents or any guest or other person living in, occupying, or using the Leased Premises. Residents represent that all furnishings and other personal property that will be moved into the Leased Premises are free of bedbugs IN NDING TO BE BOUND, the parties hereto have executed this Addendum of the day and year fi above writt !f2_ (By FPI agement, Inc., on behalf o s designated date agent or, Owner) 18 COMMUNITY POLICIES AND RULES This Addendum ("Addendum") is made part of the Residential Lease Contract ("Agreement") dated August 22. 2023, and is between the Owner of Tides at Meadowbrook ("Owner") and Tremain A. Webster, (collectively and individually "Residents"), for the premises at 603 KING GEORGE DRIVE #133. FORT WORTH. TX 76112 (the "Leased Premises"), which is located within Tides at Meadowbrook (the "Residential Community"). All capitalized terms used but not defined herein shall have the meaning set forth in the Agreement. Where the terms and conditions of this Addendum vary or conflict with the terms and conditions of the Agreement, the terms and conditions of this Addendum shall control. Tides at Meadowbrook, strives to make your living experience in our community pleasant and comfortable. The following policies and rules were designed for your comfort and convenience, as well as that of your neighbors. Residents are responsible for reviewing all policies and rules with all household occupants and guests. Please take time to thoroughly review this Addendum as it governs the use of the Leased Premises, Residential Community, its equipment and facilities. "Premises" as used in the Community Policies includes not only the Leased Premises, but all of the land and improvements including any parking lots, driveways and common areas privately owned by the Owner and generally referred to as the Community. Property Telephone #: (817) 851-1475 Property Address: 525 King George Drive, Fort Worth, TX 76112 Usual Office Hours: M-F MITI-$ m SECTION A: PROPERTY/MOVE-IN INFORMATION Emergency Maintenance #: (817) 851-1475 Property E-mail Address: brenda.flores@fpimgt.com BUSINESS: Residents shall not use the Leased Premises or permit the Leased Premises to be used for any business purpose, without the prior written consent of Owner or as allowed by law. EXTENDED ABSENCES: Residents should advise Owner of any planned absence for an extended period of time. MAIL AND NEWSPAPERS: Only authorized Residents are to receive mail at the Community. All mail must contain the full address of your residence, which includes the number of the Leased Premises as well as the building number - if applicable. Unwanted or "throw -away" advertising should be disposed of properly. PARCELS/PACKAGES: Residents are responsible for making arrangements for parcel delivery that does not fit in the provided mail receptacle. This includes parcels from UPS, Federal Express, U.S. Postal Service or other mail and delivery services. PREMISES INSPECTION: Each new Resident has confirmed in writing the condition of the Leased Premises on the Move-in/Move-out inspection form. This form is designed to record the condition of the Leased Premises at the time of move -in and to help determine the final disposition of the security deposit after terminating residency. Periodically, Owner may enter each Leased Premises to check the smoke and/or carbon monoxide detector(s), replace the air conditioner/heater air filter, and to properly maintain the equipment in the Leased Premises. Residents will be notified of the inspections with a written notice 24 hours in advance. Inspection will be conducted during reasonable business hours. Upon vacating, Residents are entitled to an inspection of the Leased Premises to assess move -out charges. QUIET HOURS: Quiet hours are established to be respectful of your neighbors. Residents shall not make nor permit any disturbing noises in their Leased Premises or on the grounds of the Community. Residents are responsible for the actions of all household members, invitees, and guests. Radio, television, record players, musical instruments, or any other noise producing device shall not be played or permitted to be played so as to disturb neighbors during quiet hours. Vacuum cleaners, dishwashers, disposals, or other noise -producing appliances shall not be operated during quiet hours. SECTION B: USE OF PREMISES ALTERATIONS OR ADDITIONS: Residents shall not make any alterations or additions to the Leased Premises. If any repairs, alterations or additions are necessary, Residents shall notify Owner in writing. Residents shall make no repairs, alterations, exterior alterations including, but not limited to, posting of signs, flags, plants on ledges and wind chimes, additions to the dwelling structure inside or out without first obtaining written consent from Owner. American flags may be displayed within the laws of the state and proper flag etiquette. Interior alterations include but are not limited to, changing light fixtures, painting, hanging wallpaper, etc. BARBECUES: Unless included with the Leased Premises as an existing fixture or appliance, due to fire and other safety hazard concerns, no charcoal briquette barbecues grills, gas or propane grills, cooking/heating instruments, smokers, hibachi grills, portable gas stoves, etc. are to be stored or operated in the premises or on patios, balconies or breezeway areas. Any use of open flame is prohibited including but not limited to barbecues and torches. ` 19 M mCOrIrR a e &I& OUTWARD APPEARANCE: Alterations that affect the outward appearance of the Community, such as installing personal window coverings, foil on windows, towels, blankets or clothing draped over balconies or partitions, are not permitted. Signs or advertising materials will not be permitted to be posted except for political signs as addressed in your lease. No foil, sign advertisements, poster, or similar display, shall be affixed to any door, window or exterior wall, that may be visible from the outside of the building by other residents. ROOF ACCESS: The roof access is for emergency access only. SMOKE/CARBON MONOXIDE DETECTOR: A smoke detection/carbon monoxide device has been installed in each Leased Premises: Residents acknowledge the smoke/carbon monoxide detector(s) was/were tested and its operation demonstrated by the Owner in the presence of Residents at the time of initial occupancy and the detector(s) in the Leased Premises was working properly at that time. By initializing as provided, each Resident understands that said smoke/carbon monoxide detector(s) and device is a battery -operated unit and it shall be each Resident's responsibility to: 1) ensure that the battery is in operating condition at all times; 2) replace the battery as needed (unless otherwise provided by law) — a periodic "chirping" usually means the battery is in need of replacement; and 3) if, after replacing the battery, the smoke/carbon monoxide detector(s) does not work, inform the Owner Representative immediately in writing. Residents shall perform the manufacturer's recommended test to determine if the smoke/carbon monoxide detector(s) is/are operating properly at least once per month. Resident must inform Owner immediately in writing of any defect, malfunction or failure of any detector(s). Residents are not to disable the smoke/carbon monoxide detector for any reason. Disabled smoke/carbon monoxide detector puts life at risk. REMOVING OR TAMPERING WITH A SMOKE/CARBON MONOXIDE DETECTOR(S) will be considered cause for termination of residency. Residents will be assessed a charge of $100.00 for tam pe. r.nng�with r removing the smoke/carbon monoxide detector. Initial: / CARE OF EQUIPMENT AND PREMISES Cabinet Care: Cabinet surfaces can last anywhere from 10 to 15 years with proper care and maintenance. The following guidelines should be used to maintain your cabinets; 1. Clean the finish with a damp cloth/sponge etc. Please do not leave soap on the top of the surface and dry thoroughly. 2. Do not use acidic or abrasive cleaners or oils on the cabinets. 3. Do not use abrasive scrubbing pads, as this will scratch and dull the surface. 4. All chemicals must be kept away from the finish. These chemicals include but are not limited to cosmetics, hair dyes, perfumes, which may stain or otherwise mar the finish. Introduction of any of these chemicals onto the finish would be considered damage and the cost of replacement will be Residents' responsibility 5. No stick on contact paper is to be applied to any shelves or drawers. Carpet Care: One of the most important factors in maintaining the quality and sheen of your carpet is a good quality vacuum cleaner. A carpet sweeper will only lift the lint off the top of the carpet and fail to lift the dirt from below so that after time the dirt becomes compacted into the carpet. More dirt can be removed from the carpet by using a high quality vacuum cleaner. We do not recommend you attempt to steam clean carpets yourself. Improper cleaning can result in the use of too much water, too much soap and damage to the fibers. Remember that what you walk on outside is what you track onto your carpet inside. A good doormat with rough bristles on the inside of the main entrance to the Leased Premises may help to brush off undesirable items that get picked up on your shoes along the way. Be aware, carrying motor oil and such items on the bottom of your shoes onto the carpet may result in irreparable stain damage. Using plastic trays under plants can prevent water damage and bleaching, and acting quickly to clean up spills allows Residents to cope with them before they dry and become set in the carpet. Drains: Proper use of the plumbing fixtures and drain systems is essential to prevent clogs and back up. Do not dispose of leftover grease or cooking oil down sink drains. Do not flush non-flushable items such as paper towels, rags, tampons or other feminine sanitary products, condoms, diapers, wipes or Q-tips in toilet. Preventing water back up of any kind will avoid damages to your personal belongings and the Leased Premises. Residents will be charged for costs due to improper disposal of items that results in drain clogs. Emergency Water Shut -Off: If you need to turn off your water supply quickly, you will find a shut-off valve for the bathroom and kitchen in the cabinet below the sinks. The toilet shut-off valve is located underneath the toilet tank. Equipment: The Leased Premises is provided with Refrigerator. StovelOven. Garbage DI Dosal. and Dishwasher. Some units also have air conditioning, garbage disposals. and dishwashers. Residents assume responsibility for any misuse of this equipment. Owner will assist with any questions as to the procedures for proper operation of the equipment. No personal dish -washing machine, clothes washing machine, clothes dryer or other large appliance is permitted in the Leased Premises without prior written consent of Owner. Residents agree to utilize washers provided by the Community within the specifications of the manufacturer. Residents will not overload the washer. Residents agree to immediately inform Owner of repair needs. Residents understand that over a period of time, washer hoses can loosen or come free. Residents agree to regularly check hoses to make sure they are secure. 20 cm LFASE,GONTpMCr® Garbage Disposal: Before turning on your disposal, make sure you have cold water running into the sink. Please keep in mind that your disposal is designed for food only. Never use to grind bones, egg shells, coffee grounds or other non-food items. Residents will be charged for costs due to drain clogs due to misuse. Quartz Countertop Care & Maintenance: Quartz Countertops are N included J not included in the Leased Premises. Quartz is a synthetic stone and will last forever; however, it does require some care. Residents agree to comply with. the care and maintenance addendum for the quartz countertops. Failure to comply with the use and care of the countertops could result in damage. Below are tips that will help protect and keep your quartz looking great. General Pre -Cautions (note: quartz can scratch, crack and stain): 1. Do not cut directly on the quartz. This can cause permanent scratches on the surface in addition to dulling your knives. Use a cutting board. 2. Avoid dropping or placing heavy or sharp objects on your quartz (can crack the slab). 3. Be careful not to strike edges with hard objects (cause chips and breaks). 4. Avoid flame or applying heat to surfaces (candles, irons, etc.). 5. Use a trivet or potholder to protect the surface from hot pots/pans/dishes; use placements under china, ceramics, silver or other objects that could scratch the surface. 6. Use coasters under all glasses, particularly those containing alcohol or citrus juices. Many common foods or drinks contain acids that will etch or dull the surface. 7. Keep the surface clean and dry. 8. Immediately wipe up spills (especially colored liquids and fillings). 9. Do not expose the quartz to strong chemicals, such as paint removers, oven cleaners, acids, oil, etc. Strong detergents or corrosive liquids can permanently dull the polished surface. If contact occurs, quickly flush the surface with water. Prompt clean-up of spills will help to avoid stains. 10. Do not stand, climb, hang or walk on quartz (thin areas around sinks are especially vulnerable). For example, climbing on the quartz countertop to change a light bulb. 11. If the surface appears to absorb liquids, call in a work order and maintenance will re -seal the surface. At a minimum, sealing should be done annually. Cleaning (easy to maintain): 1. Simply use warm water combined with mild liquid soap as a cleaning solution. Apply cleaning solution with a clean, soft cloth (color fast) or light-colored sponge. For hard -to -remove residue, scrape the surface slightly with a wooden edge and wash with warm, soapy water. 2. Rinse the surface thoroughly after washing with the soap solution and dry with a soft cloth. Change the rinse water frequently. 3. Do not use abrasive cleaners (both wet and dry), "soft scrub" products or harsh/acidic chemicals; they can scratch or dull the polished finish. These include substances like lemon, vinegar, ammonia, bleach, grout cleaners, tub/tile cleaners or other common liquid cleaners such as Comet or Windex. 4. Never use steel wool, scouring pads, scrapers, wire brushes, sandpaper or metal tools. 5. A good rule of thumb is to never use anything on your quartz that you wouldn't use on your hands. 6. Remember, daily dusting and cleaning will result in easier maintenance! Hardwood Floors: Hardwood Floors are M included O not included in the Leased Premises. 1. At no time should wax or varnish coating be used. 2. For dry maintenance, a duster or soft broom should be used. Do not use a vacuum at any time because this will cause damage. 3. For damp maintenance, water or a floor cleaner can be used_ Floors must be wiped dry immediately following any moisture contact. Never use detergents_ 4. Use felt or plastic caps over the bottom of furniture to prevent damage to both the furniture and floors. Avoid the use of rolling desk chairs. 5. Do not place potted plants on the hardwood floors. The moisture from watering may cause damage. 6. Resident will be responsible for any visible damage to the hardwood floors. Furniture legs and spiked shoes can scratch or gouge hardwood floors. Please taKe reasonable precautions such as using felt furniture pads on tables and chairs and removing spiked shoes before waiking on hardwood floors. Laminate Care: 1. Residents will use care in the maintenance and cleaning of the laminate floor. 2. Place rugs or floor mats on heavy traffic areas to avoid excess wear and tear. 3. Place doormats on both sides of outside entrances. 4. Never wax, polish, use soap, scouring powder products, steel wool, abrasives, sand, or lacquer your laminate floor. Do � 21 c Est MWCT &Q not seal the floors after installation. 5. Never use a steam cleaner. 6. Occasionally vacuum or sweep to eliminate loose dust and debris. 7. Wipe soiled spots with a cloth dampened with clean water or laminate floor cleaner. Make sure the cloth is thoroughly wrung out. Never flood the floor with water or cleaner. 8. After damp cleaning, dry the floor thoroughly with a clean cloth. 9. To remove tough stains: a) Begin with using a clean white cloth for wiping up stains, and turn it frequently to avoid spreading the stain. b) Rinse with clean water and allow area to dry between procedures. 10. To remove juice, wine, grease, chocolate: a) Dampen a rag with floor cleaner or warm water and mild detergent and spot clean. 11. To remove cigarette bums, asphalt, shoe polish, paint, crayon, ink, dried foods, nail polish: a) Dampen a rag with alcohol or nail polish remover and spot clean 12. To remove candle wax, chewing gum: a) Allow to harden and gently scrape with a plastic scraper. Lighting Fixture: When replacing light bulbs, always check the correct amount of wattage. Installing a light bulb with improper wattage can be a fire hazard. Replacement of all bulbs within your Leased Premises is your responsibility after move -in. Locks: Residents shall not alter any lock or install a new lock or knocker on any door of the Leased Premises without the written consent of Owner, and if installed, they shall not be removed. In such case consent is given, Residents shall provide Owner with a key for the use of Owner, pursuant to Owner's right to access to the Leased Premises. Locks or chains must be left in place when Residents vacate. Should a resident require a lock change, a charge of $75.00 will be charged to the Resident. Residents locked out after hours may call a locksmith at resident's expense to open the door. Patios: Residents shall not sweep, shake dust mops, or throw anything out of windows or onto patios. Residents may not hang laundry, clothing, towels, or bedding on balcony railings or windowsills. Residents are responsible for keeping their patio area cleaned, neatly arranged and free from unsightly or unused items. Patio areas are not considered storage areas. Personal patio furniture must be kept on private patios or balconies. Planting of flowers is permitted only in the fenced -in areas of private patios and on balconies. Stainless Steel Appliances: Stainless steel appliances are XI included J not included in the Leased Premises. Your stainless steel appliances need to be cleaned for aesthetic considerations and to preserve corrosion resistance. Stainless steel is protected from corrosion by a thin layer of chromium oxide. Oxygen from the atmosphere combines with the chromium in the stainless steel to form this passive chromium oxide film that protects from further corrosion. Any contamination of the surface by dirt, or other material, hinders this passivation process and traps corrosive agents reducing corrosion protection. Thus, some form of routine cleaning is necessary to preserve the appearance and integrity of the appliance surface. General Precautions: 1. In selecting cleaning practices, consider the possibility of scratching and the potential for post -cleaning corrosion caused by incompletely removed cleaners. NEVER USE ABRASIVE CLEANERS. Abrasive cleaners can permanently damage your stainless steel appliance. Regardless of which type of cleaner you use, thorough post --clean rinsing with clean water and a cloth is recommended. Suggested Cleaning Methods: 1. Do not use metal (i.e. carbon steel brushes or steel wool), hard (like pumice) or rough items (emery or sand paper) to clean as they can scratch the appliance surface. Scratches can lead to rusting. Avoid using oily or greasy cloths when cleaning stainless steel. 2. Clean Water and Wipe: The simplest, safest and least costly method that will adequately do the job is always the best method _ 3. Your stainless steel appliances will thrive with frequent cleaning because there is no surface coating to wear off. A soft cloth and clean, warm water should always be the first choice for mild stains, loose dirt and soil. A final rinse with clean water and a dry wipe will complete the process and eliminate the possibility of water stains. Toilets: Water saving toilets may have been installed in your unit. Hold the handle down until you hear the water fully released. Partial flushes may cause overflow. If the water level starts to overflow, immediately shut off the valve at the base of the toilet and plunge. Residents are responsible for trying to clear toilet stoppages_ If a stoppage is caused due to Residents misuse the cost of the repair will be billed to the Residents. Windows and/or Screens: Residents are responsible for the safety of all members of Residents' household or guests in the use and opening of windows. Be aware of the danger of falls from windows. Keep your windows closed and locked 22 OM lFA5E COIjf ere & i071 when small occupants are around and no adults are around to supervise. When opening windows for ventilation, open windows that a small occupant cannot reach. Keep furniture away from windows. Move chairs, cribs, beds and other furniture away from windows. Window screen will not prevent a fall from a window. Residents must not remove or tamper with screens. Screens which have been removed will be charged to the Resident an installation fee of $100.00 plus the actual cost of the damaged or missing screen. Residents acknowledge all screens are intact and in good condition upon taking occupancy. Window screens found on the ground will be placed back in the window and a labor charge assessed to the Residents. Residents shall be responsible for replacement and/or repair of windows and/or screens damaged or removed by Residents', members of Residents' household or guests. Wood Plank Style Floors: Wood Plank Style Floors are XI included J not included in the Leased Premises. Wood Plank Style Floors require care maintenance and protection. At no time should wax or varnish coating be used. For dry maintenance, a duster or soft broom should be used. Do not use a vacuum at any time because this will cause damage. For damp maintenance, water or a floor cleaner :.an be used. Floors must be wiped dry immediately following any moisture contact. Never use detergents. Use felt or plastic caps over the bottom of furniture to prevent damage to both the furniture and floors. Avoid the use of rolling desk chairs. The use of a door mat (or other rugs) will help prevent damage from constant water or dirt contact. Rugs and mats should not have backing which will scratch or damage the flooring. Resident is responsible for any visible damage to floors. FACILITIES AT THE RESIDENTIAL COMMUNITY Use of Facilities: All facilities provided by Owner are provided as a gratuity and are not a part of the Residential Lease Contract, and that Owner reserves the right to change or limit the hours of any such facilities, or to eliminate them completely without prior notice to Residents and that any such action by Owner shall not constitute a claim by Residents of any breach of Residential Lease Contract by Owner, nor be a basis for any reduction in rent or early termination of the Residential Lease Contract. INSTALLATION OF VIDEO DOORBELLS: Residents shall not install or cause to be installed any video doorbell, smart doorbell, or other video surveillance device on the exterior of the Leased Premises without first obtaining the written consent of the Owner. No security system is a failsafe against crime. Residents acknowledge that if Owner permits the installation of a video doorbell or smart doorbell device, Owner does not make any express or implied warranties of safety or security. Such warranties are expressly disclaimed by the Owner. Residents shall be responsible for all costs associated with the installation, maintenance or removal of the video doorbell or smart doorbell device. Residents further agree that Residents shall not use any video doorbell or smart doorbell device in any way to obstruct, interfere with, or infringe upon the rights, solitude, peace, or privacy of other residents, occupants, or guest. Residents agree not to use any video doorbell or smart doorbell device for any improper, unlawful, or objectionable purpose. Residents acknowledge that they may be subject to video surveillance and recording while using the common areas and amenities of the Residential Community. Residents agree to reimburse, indemnity, and defend Owner for and against any and all claims and liabilities incurred by Owner related to Resident's use of a video doorbell or smart doorbell device or as a result of the violation of the Agreement, or any statute, ordinance, regulation or other governmental restriction by Residents or any members of their household, Occupants, or guests. SECTION C: PREMISES SERVICE EMERGENCIES: Emergencies affecting the Leased Premises should be promptly reported to Owner. Please report emergencies occurring after office hours to the emergency number and leave a message with the answering service, pager system, on call personnel, etc. Residents are not authorized to call any service companies on their own. Owner will not be responsible for charges incurred for services not authorized by Owner. MAINTENANCE/SERVICE REQUESTS: Residents are responsible for notifying Owner when maintenance or repair work needs to be performed in the Leased Premises. Requests for maintenance and repairs may be submitted by one of the following methods: 1. By going to the Owner's office during normal working hours, and completing a "Service Request" form. 2. Call the Owner's office during normal business hour to report a service request. Service requests can also be submitted by email, resident portal, or online maintenance system. 3. All non -emergency requests for repairs will be handled during normal business hours. 4. Employees cannot enter the Leased Premises to make repairs if there are persons under 18 years of age in the home without a responsible adult present. Service technicians may also elect not to enter the Leased Premises in the presence of an unattended animal. 5. Scheduled appointments will be addressed in an 48 hour window. 6. Maintenance work performed due to neglect, abuse, misuse or direct fault of Residents, household occupants or guests will be billed to the Residents. This includes service work on garbage disposal and plumbing fixtures due to improper use and Residents caused clogging. SEWER STOPPAGES: The sewer system is adequate to handle all normal waste, but the system will not handle 23 Ct: 0 disposable diapers, feminine products or other such refuse. Addition of toilet cleansing tabs can cause stoppage. Stoppages resulting from alterations to equipment, addition of a deodorizer or other action or inaction by the Resident, will be cleared at the Residents' expense. UNSAFE CONDITIONS: Residents agree to report immediately to Cwner any accident, injury, damage or loss, or need of service or repairs to water or gas pipes, electrical wiring, drains, toilets, fixtures, or any other property or equipment covered by the Residential Lease Contract, including all breakage, damage, or loss of any kind, including but not limited to, water intrusion, water leaks or moisture problems of any kind, damage from overflow of water from sinks, bathtubs, toilets, or other basins. Residents further agrees to immediately notify Owner of unsafe conditions in the common areas and grounds of the Leased Premises which may be a threat to health and safety or lead to damage or injury. Owner has the right to enter the Leased Premises if Owner believes an emergency exists. The following service needs constitute a non-exclusive list of potential emergencies: 1. Main drains stopped up (kitchen, bath, shower) causing flooding or back-up 2. Stopped up toilet (one bathroom premises) 3. Electrical power outage in entire Leased Premises 4. Water leaking from water heater 5. Water leak from plumbing lines, windows, ceilings, or utility rooms causing flooding or damage 6. Exterior flooding from sprinkler systems or pool 7. Water which is running and cannot be shut off 8. Broken window where the Leased Premises is not secure 9. Door locks which will not function and the Leased Premises is not secure 10. Malfunctioning or disabled smoke/carbon monoxide detectors. 11. Fire (Call 911 first) 12. Calls made after office hours that are not deemed emergencies may result in a charge to the Resident. SECTION D: HOUSEKEEPING HEALTH & SAFETY: Residents agree to comply with all obligations imposed upon Residents by applicable provisions of State and local building and housing codes materially affecting health and safety, including maintaining adequate housekeeping standards. HOUSEHOLD ODORS: Residents acknowledge that odors caused by cooking or use of strong chemicals or from any other source should not interfere with other residents' rights to the quiet enjoyment of the Leased Premises. Residents agree to utilize proper fans and ventilation when cooking. Owner will make all reasonable efforts to minimize a disturbance but due to close proximity of living it is not possible to prevent such odors completely. PEST CONTROL: Residents shall report the need for pest control to Owner in writing. Residents agree to cooperate with the pest control service and abide by guidelines given by the pest control service or Owner. State Codes may require notification of chemicals to be sprayed and days of services. MOISTURE PREVENTION: Moisture problems must be prevented and treated immediately to prevent mold. Proper ventilation is essential for preventing mold. If you should have mold develop on windows, walls or ceilings, or a musty odor is present in the carpeting, report these conditions to Owner immediately. To prevent moisture buildup, utilize stove and bathroom vent fans and leave on until steam is gone. Condensation, which develops on windows from indoor moisture, must be wiped down immediately including the window tracks. Condensation on windows indicates that fresh air is not being circulated in the home to prevent moisture buildup. Open your windows and air out your home for short periods of time to keep fresh air present. Excessive running of your heater will cause condensation in your home. Report any running or dripping faucets, plumbing leaks, roof leaks, discoloration of walls or water intrusion immediately to the rental office_ Residents acknowledge receipt of the "Mold/Moisture Disclosure Statement'. SMOKING: If smokktp Is permitted in the Leased Premises or on the grounds of the Residential Community, Residents acknowledge that 4010fte caused by smoking will not be considered ordinary wear and tear. Households having one or morn smokers, 4W 90I0 that smoke, will be held responsible for additional costs related to smoke related damages. Smoke relatellN 111011 On be, but are not limited to, yellowed wails and ceilings; mini blinds and draperies, painting or treatment feQfbtlnlatte odor, burns to counters, sinks or extra cleaning of carpets due to smoking. Residents will be considere6lt AOAV f *#Wo s by minimizing the patterns of smoke and/or smell which may be a sensitivity or allergy to other reslderft114of eece with other residents' rights to the quiet enjoyment of the premises as a result of second hand smoke may bo Wourx% for timolikiiation of tenancy. Residents will comply with all local ordinances for smoking in common areas, Leased Premises and eq)olp" to other residents. STANDARDS: Residents shall keep the interior of the Leased Premises clean according to good housekeeping standards. This Includes maintaining all utility services. Residents will assume full responsibility for keeping their patio, entry doors, entrance walkways, porches, patios and balconies area cleaned, neatly arranged and free from unsightly or unused items. Residents shall keep the Leased Premises and such other areas as may be assigned for Residents' exclusive use, © Initial- CONTRACT ® (.� including but not limited to, the Leased Premises fixtures, appliances, entry doors, windows and screens, sidewalks, parking space(s) and grounds, in a clean, safe and sanitary condition. STORAGE: Garbage cans, bottles, brooms, mops, toys, bicycles, fitness equipment, cardboard boxes, household furniture, and similar personal property are to be kept inside the Leased Premises or appropriately designated storage areas and out of view. Patios and/or balconies are to be used for patio furniture only. Areas located outside front doors or on stairway landings are part of the common area and cannot be used for storage. TRASH: Residents shall deliver and place all garbage and trash in proper bins at designated locations. If the bin you normally use is full, please use another bin. To maximize available space, please break down large objects such as cardboard boxes. Trash bins and/or enclosures are NOT to be used for large items such as furniture, etc. Removal of large items, such as furniture, from the Leased Premises is Resident's responsibility. Residents will be charged the costs to remove any large items placed in the trash enclosures or bins. Residents are responsible for any/all unacceptable items placed in the trash receptacles, such as; toxic waste or other possible harmful items. Residents will be assessed a charge of $25.00 for the clean-up of any garbage or trash not properly disposed. Trash shall be wrapped and deposited in designated areas between the hours between 8:00 am and 10:00 Dm. Caution must be taken not to put any flammable material in garbage. Garbage and trash may not be left in hallways or stairwells. UNIVERSAL WASTE: Disposal of universal waste is prohibited in general trash receptacles in the Community. Disposal of universal waste in the trash receptacles by Residents may result in a fine for Owner, and therefore will be deemed a violation of the Residential Lease Contract. Universal waste includes electronic devices (televisions, computer monitors, computers, printers, VCRs, cell phones, telephones, radios and microwaves), common batteries (AA, AAA, C Cells, D cells and button batteries), Fluorescent Tubes and Bulbs and Other Mercury -Containing Lamps (fluorescent light tubes and bulbs, high intensity discharge (HID), metal halide, sodium and neon bulbs), Mercury added Novelties (greeting cards, athletic shoes and mercury maze games), Non -Empty Aerosol cans (aerosol cans can be flammable). SECTION E: SUPERVISION HOUSEHOLD MEMBER/VISITORS/GUESTS GUESTS: Guests staying in excess of MUST register with the office. Residents may be permitted to have a guest(s) visit their household. However, any person(s) making REOCCURRING visits of six 6 consecutive days or fgmrteen (141 total days in any twelve (12) month period shall be deemed to reside in the Leased Premises in violation of the Residential Lease Contract. Persons receiving mail to the Leased Premises will be considered occupants. All adult household members must submit a completed application and qualify for residency. SUPERVISION: Residents agree that Residents are responsible for the conduct of any member of their household, visitors and guests, and agree to pay for any damage to the Leased Premises caused by members of the household or guests. WALKWAYS: Residents shall not store nor allow any personal household property outside the Leased Premises in a manner that may be detrimental to the appearance of the premises or interfere with free passage upon any street or sidewalk in the Leased Premises. Walkways are for pedestrian use. No bicycling, roller skating or in -line skating, skateboarding, coaster riding, drawing with chalk, etc_, is allowed on walkways. SECTION F: CONDUCT ACTS OF VIOLENCE: Residents or members of the household or guests shall not engage in any acts of violence including but not limited to the display of, brandishing, or using in a threatening manner, any dangerous weapons or objects in or about the Leased Premises. Residents shall not keep or use on or about the Leased Premises or project any explosive, flammable, or repellent device, or otherwise dangerous device, and to take every care and precaution to prevent fires. ALCOHOUPUBLIC INTOXICATION: Residents shall not engage in, and Residents shall take reasonable action to prevent all members of Residents' household and guests from, drinking alcoholic beverages or using illegal substances in or on common areas, walkways or streets of the Community, or in vehicles parked or moving on the Community. DRONES: The use of drones is considered an invasion of privacy. Residents may not utilize a drone to enter into the common areas, properly grounds or the balcony/patio/yard airspace of the Residential Community or Leased Premises. This includes but Is not limited to using the drone to enter into the land or into the airspace above the land of another person without Owner permission or otherwise commits a trespass in order to capture any type of visual image, sound recording, or oilier physical impression of the plaintiff engaging In a private, personal, or familial activity and the invasion occurs in a manner that is offensive to a reasonable person. FIREARMS: Certain acts are considered to be contrary to the safety, well being, peace, and enjoyment of the other residents of the Residential Community, including, but not limited to, carrying or exhibiting firearms in common areas of the Residential Community (except as required by law or job necessity). Therefore, such acts are prohibited under this Addendum and the Residential Lease Contract. Furthermore, Residents, any member of their household, occupants, guests, invitees, or other persons under the control of Residents shall not unlawfully use or discharge firearms on or near �, 25 Ab IMCMI LT® lipii¢3S -the Leased Premises or common areas. ILLEGAL ACTIVITY: Residents, any member of the Residents' household, or a guest or other person under the Residents' control shall not engage in illegal or criminal activity, nor in any act intended to facilitate illegal or criminal activity, including gang or drug -related illegal or criminal activity, on or near the premises. Residents, all members of the Residents' household and guests shall not engage in the manufacture, sale, or distribution of illegal drugs or be under the influence of any controlled or illegal substance at any location, whether on or near the premises or otherwise, nor permit the Leased Premises to be used for, or to facilitate, any illegal or criminal activity. While the usage of marijuana may have been legalized in many jurisdictions, for the purposes of this Lease and any Addenda thereto, the sale, manufacturing, purchasing, smoking, vaping, and aerosolizing of marijuana is prohibited as if the same were an `illegal activity_" Any marijuana -related activity is similarly prohibited to the extent Owner may prohibit the same. LOITERING: Residents, household members, or guests shall not loiter outside the Leased Premises, after 10:00 A.m.. Residents shall conduct themselves, and cause other persons who are on the Leased Premises with their consent to conduct themselves in a manner, which will be conducive to maintaining the Leased Premises in a decent, safe, and sanitary condition; and to promote the quiet enjoyment of the premises for all residents. Residents will not make, or cause to be made, or permit any disturbance or loud noises in or on the premises, street, or common areas. NOISE: Residents, household members and guests shall not make or allow to be made any disturbing noises upon the Leased Premises by Residents, household members or guests, etc., nor permit anything to be done by such persons that will interfere with the rights, comforts, or convenience of other Residents. Residents, household members and guests are advised to take care when approaching and leaving their Leased Premises during the quiet time, between the hours of 10 om and 8 am and to show consideration of other residents at all times_ Residents shall not play upon or allow to be played upon, any musical instrument or operate or allow to be operated audio equipment, radio, or television in or on the premises between the hours of 10 nm and 8 am, if the same shall disturb or annoy other occupants of the Community. THREATS/OFFENSIVE CONDUCT: To assist in ensuring the safety and quiet enjoyment of all Residents, household members and guests shall not engage in offensive conduct or language on or about the premises. Residents, all members of the Residents' household and guests shall not cause or threaten to cause serious physical injury to another person on the premises, or be involved in a fight while on the premises; commit abuse upon any person on the premises, and will abstain from any activity which impairs the physical or social environment of the premises. SECTION G: 'VEHICLES INOPERABLE VEHICLES: All vehicles must be currently registered, licensed and in operating condition. Any vehicle in violation of this provision may be towed at vehicle owner's expense in compliance with the vehicle codes of the state. Repair work, oil changes and similar work is not permitted in the parking lois. Such work must be done off the property. Residents agree that any vehicles that are inoperable for more than 72 consecutive hours without written permission of Owner may be removed at the expense of the vehicle's owner. Vehicles not moved in excess of 7 days will be considered inoperable. Extra vehicles cannot be stored on the property. Vehicle maintenance on the premises is prohibited. Residents and/or guests shall not park vehicles in a state of disrepair on the premises. This includes operational vehicles leaking on parking surfaces. Leaks and spills and/or damages caused by Residents' vehicles are the responsibility of Residents_ The owner of any vehicle that leaks oil in the parking lot will be held responsible for clean-up and/or damage charges. PARKING/SPEED LIMITS: Residents shall observe, and cause all members of Residents' household and guests to observe, the posted speed limits on drives in the premises, to paek and cause members of Residents' household and guests to park only in assigned parking areas; not to block access to other parking spaces, garages or for emergency vehicles, or to other residences, and not drive, or park any vehicle on the lawn, driveway, or other areas for common use in the premises. Vehicles parked within 15 feet of a fire hydrant or in a fire lane may be towed without warning. Vehicles may not be backed into parking spaces. Vehicles which create a nuisance due to excessive music or activation of a car alarm shall be removed from the property at the vehicle owner's expense. Parking designated for the office is not to be used during operating business hours. Vehicles parked in designated handicapped spaces without display of handicap placard or handicap plates are subject to immediate towing. Some communities may require parking stickers for all cars parked on the premises. Cars without required parking stickers will be considered unauthorized and may be towed without warning. Residents agree that any vehicle that is improperly parked, or In violation of vehicle or parking policies without written permission of Owner may be removed at the expense of the vehicle's owner. Owner is the only authorized agent for the towing of vehicles. Owner, in its sole discretion, reserves the right to reassign any designated parking space(es) during the term of the Residential Lease Contract, subject to any applicable requirements under applicable fair housing laws. UNASSIGNED PARKING: Communities with unassigned parking, the following applies: Parking is on a first come/first serve basis and a parking space is not guaranteed. Residents having more than one vehicle per household are requested to be considerate of other residents when parking second vehicles. Infrequently used vehicles (any vehicle not used or moved every 72 hours) are to be parked in more remote parking areas as designated by Owner. Additional vehicles (more than 2 per household) are to be parked off the premises. 26 IF45E CQ wr a &19 RECREATIONAL VEHICLES: Recreational vehicles such as trailers, motor homes and boats are not allowed to be parked on the premises. Motorcycles are subject to the same rules as automobiles. They must be operated in a safe manner at all times. Motorcycles are considered vehicles and must be parked in an appropriately designated parking space. Motorcycles may not be parked on sidewalks, in stairwells, op, patios, on porches or in any other area not designated for the parking of vehicles. No recreational vehicles, trailers or boats are allowed on the premises except with written consent of Owner. VEHICLE REGISTRATION: Residents shall register all household vehicles with Owner. Residents agree to provide vehicle information (license number, make, model, etc.) and provide updated information in the event of changes. Vehicles on the premises must be currently registered and properly insured according to state law. WASHING VEHICLES: Residents may wash or spray off vehicles only in designated areas of the premises. Residents will make every effort to not waste water if a designated area exists_ Owner will advise Residents if a specific area exists on the property. If no designated area exists, Residents may not wash or spray off vehicles anywhere on the premises. THESE COMMUNITY POLICIES NOW BECOME A PART OF YOUR RESIDENTIAL LEASE CONTRACT. INTE ING TO BE BOUND, the parties hereto have executed this Addendum as of the day and year first above written. (8 i Manage nt, inc., on GehaH of, and as designated Date a ent for, Owner) ® 27 'm LraSE,CONw" f� , FLOOD HAZARD DISCLOSURE Address of the Leased Premises: 603 KING GEORGE DRIVE #133_ FORT WORTH. TX 76112 Pursuant to Texas Property Code § 92.0135, Owner provides the following flood information: ® Owner is not aware that the Leased Premises is located in a 100-year floodplain. ❑ The Leased Premises is located in a 100-year floodplain or an area of potential flooding. If neither box is checked, Residents should assume the Leased Premises is in a 100-year floodplain. Even if the Leased Premises not located within a 100-year floodplain, the Leased Premises 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 dwelling is located in a flood hazard area. Most tenant insurance policies do not cover damages or loss incurred in a flood. Residents should seek insurance coverage that would cover losses caused by a flood. XI Owner is not aware that the Leased Premises has flooded at least once within the last five (5) years. ❑ The Leased Premises has flooded at least once within the last five (5) years. �ck wledgement of reFeipt by Residents (By FPI Manage�t, Inc., on behalf , and a signated Dad agent for, Owvrrsr) 28 KEYS, PERMITS, AND ACCESS DEVICES ADDENDUM This is an Addendum to the Residential Lease Contract dated Auaust 22. 2023 between Tides at Meadowbrook ("Owner") and Tremain A. Webster ("Residents") for the residence located at 603 KING GEORGE DRIVE 9133. FORT WORTH. TX 76112 (the "Leased Premises"). Residents acknowledge that they have been provided with keys and access devices listed below: Residents will be liable for the below listed charges for replacing keys, permits, tags, and access devices. Deposit Amounts Replacement Costs **"NOTE: This form, when completed and submitted, allows guests to contact Residents from the callbox and/or gate, and allows Residents to let guests in by pressing the number 2 on their phone. It also prevents Residents and other tenants of the Res' ential Community from giving out the callbox and/or gate code to uninvited guests. (By FP/ Management, In n behalf of, Ind as si Wed ate agent for, Owner) 29 MANDATORY LIABILITY INSURANCE COVERAGE ADDENDUM This Mandatory Liability Insurance Coverage Addendum ("Addendum") is made part of the Residential Lease Contract or Month -To -Month Agreement ("Agreement") dated Auaust 5,2,923 between Tremain A. Webster (collectively "Resident") and Tides on Meadowbrook ("Owner") of the real property located at 525 Kina Georae Drive. Fort Worth. TX 76112 (the "Premises") known as Tides at Meadowbrook. 1. Renter's Liability Insurance. At no cost or expense to Owner, Resident shall maintain a renter's liability insurance policy, protecting all Resident against claims for bodily injury, personal injury and property damage based upon or arising out of Resident's use, occupancy or maintenance of the Premises and all appurtenant areas. Resident's obligation to maintain a renter's liability insurance policy in the amounts required by this Addendum is material term of this Addendum and the Agreement. Resident may not take or allow any action that invalidates the policy. Owner must be listed as an "interested party" under the insurance policy. 2. Renter's Liability Insurance Company Qualifications. The renter's liability insurance policy may be issued by any company of Resident's choosing, provided that the carrier is licensed or admitted to transact business in this state. Before taking possession of the Premises, Resident must deliver to Owner a certified copy of the insurance policy, policy declarations page, or certificates of insurance indicating the name of the insurance provider, who is insured, the insured address, policy number, policy start and end date, and the existence and amounts of the required insurance_ No policy may be cancelled or modified by Resident except after thirty days prior written notice to Owner (10 days for non-payment). At least thirty days before the expiration of the policy, Resident must furnish Owner with evidence of renewal. Policies must be written for a term of at least one year, or the term of the Agreement, whichever is less. 3. Required Liability Coverage. The liability insurance policy must be written on an occurrence basis and have personal liability coverage of at least $50.000.00 per occurrence, and $100.000.00 aggregate. If the liability insurance policy has a deductible on the liability portion of the policy, the deductible may not exceed $0.00 per occurrence and Resident agrees that Resident shall be responsible for payment of any such deductible. Resident understands and agrees that Resident's liability to Owner is not be limited by the amount of insurance carried by Resident. 4. Owner's Insurance. Any insurance maintained by Owner is only for Owner's benefit. 5. Failure to Provide Liability Insurance. If Resident fails to carry required insurance, or provide proof of insurance at any time, Owner may, but is not required to, pursue any remedy allowed by the Agreement or by law, including terminating the Agreement and eviction. 6. Owner Placed Tenant Liability Insurance. If Tenant fails to maintain the required liability insurance, Owner may (but is not required to) order insurance protecting Owner, [also known as a Landlord Placed Tenant Liability Insurance policy ("LPTLI")]. If Owner elects to obtain LPTLI it will be at Resident's expense of $0.00 per month and Owner will include the cost as additional rent, due immediately upon demand. 7. Coverage under the LPTLI policy may be more expensive than the cost of the required renter's liability insurance that may be available to the Resident. Resident is free to contact an insurance broker and/or agent of their choice to obtain renter's liability insurance in order to satisfy the required insurance under the Agreement. Coverage under the LPTLI policy is not mandatory and Resident may purchase the required renter's liability Insurance from an insurance agent or insurance company of Resident's choice at any time. Upon Owner's receipt f notice that Resident has renter's liability insurance consistent with the above requirements, the coverage under e LPTLI policy will be immediately terminj1d, (Sy FPI Mana ment, Inc., on behaB' f nd as designated Late agent for, Owner) 30 PARKIN GISTORAG E/GARAG E ADDENDUM This Addendum ("Addendum") is made part of the Residential Lease Contract ("Agreement") dated Auaust 22. 2023, and is between the Owner of Tides at Meadowbrook ("Owner") and Tremain A. Webster, (collectively and individually "Residents"), for the premises at 603 KING GEORGE DRIVE #133. FORT WORTH. TX 76112 (the "Leased Premises"), which is located within Tides at Meadowbrook (the "Residential Community"). All capitalized terms used but not defined herein shall have the meaning set forth in the Agreement. Where the terms and conditions of this Addendum vary or conflict with the terms and conditions of the Agreement, the terms and conditions of this Addendum shall control. Vehicle Information Year: I Make: I Model: Parking/Storage Information Parking Space #(s): Garage #(s): Carport #(s): NIA N/A N/A Parking Rent: Garage Rent: $0.00 $0.00 Color: Plate #: I State: Parking Permit #(s): Storage #(s): N/A N/A Carport Rent: Storage Rent: $0.00 $0.00 1. Residents agree to rent the herein described premises at the rate of $0,00 per month. Failure to pay in full will be considered partial payment of the total rent due. Rent is due and payable on or before the 1�s of the month, with payment of rent for the Leased Premises. 2. Residents agree to pay an additional Security Deposit in the amount of S0.00, prior to taking occupancy of the above -listed item. This additional deposit effectively increases an existing or pre-existing Security Deposit, and, at Owner's sole option, may be retained by Owner to offset any Residents' default in and/or non-compliance with the Residential Lease Contract, the Parking/Storage/Garage ADDENDUM or any applicable law termination. 3. Failure to pay rent before the 41h of the month will result in a 30-Day Notice to terminate this agreement. 4. Any items shall be deemed abandoned if not removed within ten (10) days after termination of the Residential Lease Contract. Upon such abandonment, Owner may remove all personal property therein and sell it at public sale and the proceeds from the sale thereof may be applied to the expenses for removal, advertisement of sale, and for lost rental revenues. 5. This addendum will be concurrent with the term of the Residential Lease Contract and terminates upon the termination of occupancy of the Leased Premises. 6. To the extent allowed by applicable law, Owner shall not be liable for any damage or loss to personal property, motor vehicles of, or the contents of motor vehicles of, Residents, any member of Residents' household, occupants, guests, invitees, or other persons. Failure of Residents, any member of Residents' household, occupants, guests, invitees, or other persons to follow Community Rules and/or posted signs relating to parking and operation of vehicles will result in the towing of the offending vehicle at the cost of the vehicle owner. The location and number of any parking space(s) assigned to Residents may be changed at any time at the sole discretion of Owner. STANDARD PARKING POLICIES 1. Residents agree vehicle(s) must be registered and insured as required by state and local law. Inoperable and/or illegally parked vehicles will be towed at vehicle owner's expense. 2. Vehicles must be operating on a weekly basis. Inoperable vehicles are considered but not limited to those vehicles not driven regularly, those with flat tires, not mechanically fit or properly registered. 3. Auto repairs are not permitted on the premises. 4. Music and noise from vehicles must be kept at a minimum to avoid disturbing other residents. 5. Residents are responsible for maintaining the parking stalls free of oil spills or other fluid leaks. 6. Parking spaces may not be used for storage of any kind. 7. Guest parking is limited to: Deslanated Guest Parkinq_ 8. Vehicles stopped, parked or double parked in handicap spaces (without displaying appropriate permits), fire hydrant restricted areas, non -designated parking areas, red zones, other residents' assigned spaces or rental office parking may be subject to citations and/or towing at the vehicle owner's expense, as allowed by applicable law. 9. Assigned spaces can be changed at any time at the discretion of Owner. 10. Car washing on the premises is prohibited. 11. Speed limits are 5 miles Der hour miles per hour throughout the community. 12. Boats, trailers, recreational vehicles and over -sized trucks may not be parked or stored in parking facilities. 13. Vehicles must not be backed in. 14. Parking Permits will be displayed at all times when parked on the premises. 15. All vehicles must be registered with the rental office. Owner must be notified of changes in vehicles and/or vehicle tags. 31 16. Residents acknowledge that Owner does not provide insurance to cover vehicles or their contents. INTENDIN TO BE BOUND, the parties hereto have executed this Addendum as of the y and yea first above written. (By FPI Managet&nt, Inc., on behalf o , and designated Date agent for, Owner) 32 PARTICIPATION ADDENDUM This Addendum ("Addendum") is made part of the Residential Lease Contract ("Agreement') dated Auaust 22. 2023, and is between the Owner of Tides at Meadowbrook ("Owner") and Tremain A. Webster, (collectively and individually 'Residents"), for the premises at 603 KING GEORGE DRIVE #133. FORT WORTH. TX 76112 (the "Leased Premises"), which is located within Tides at Meadowbrook (the 'Residential Community"). All capitalized terms used but not defined herein shall have the meaning set forth in the Agreement. Where the terms and conditions of this Addendum vary or conflict with the terms and conditions of the Agreement, the terms and conditions of this Addendum shall control. In consideration of being permitted to enter the entertainment, health and/or recreation facilities, services and programs of the Community for any purpose, including, but not limited to, observation or use of said facilities or equipment, or participation in any off -site or sponsored event program affiliated with the Community, Residents, for himself or herself and any personal representative, heirs, and next of kin, hereby acknowledge, agree and represent that Resident has, or immediately upon entering or participation will, inspect and carefully consider the Community, facilities or the affiliated program(s). It is further warranted that such entry into said facilities of the Community for observation or use of any said facilities or equipment or participation in such affiliated program constitutes an acknowledgment by Resident that the Community and all facilities and equipment thereon and such affiliated program have been inspected and carefully considered by Resident and that Resident finds and accepts same as being safe and reasonably suited for the purpose of such observation, use and/or participation. By way of illustration and not limitation, entertainment, health and recreation facilities includes exercise facilities, swimming pools, spas, and game rooms. THE UNDERSIGNED HEREBY FURTHER AGREES TO THE FOLLOWING: To the greatest extent allowed by law, Resident hereby releases, waives, discharges and covenants not to sue Owner, its directors, officers, employees, managers and agents from all liability to Resident, his/her/their personal representatives, assigns, heirs, and next of kin for any loss or damage, and any claim or demands therefore on account of injury to person or property or resulting in death of Resident, whether caused by the negligence of Owner, its directors, officers, employees, managers and agents, or otherwise arising from or relating to the Residents use of the entertainment, health and/or recreation facilities, or equipment therein or participation in any related program affiliated with the Community. To the greatest extent allowed by law, Resident agrees to indemnify, save and hold harmless the Owner, its directors, officers, employees, managers and agents from any loss, liability, damage or cost they may incur due to the presence of Resident in, upon or about the Community or in any way observing or using any entertainment, health and/or recreation facilities, or equipment therein, of the Community whether caused by the Owner, its directors, officers, employees, managers and agents or otherwise. Resident assumes full responsibility for and risk of bodily injury, death or property damage due to negligence of Owner or otherwise while in, about or on any entertainment, health and/or recreation facilities or equipment therein of the Community. Resi nt further agrees that no oral representations, statements or inducement apart from the forego!" dendum have be n made. (By FPI Mar�ment, tnc., on behalf oas,6 esignated Date agent for, Owner) r A KIC3 Resident Information Renewal Update Please help us keep our records current by completing the following information. Please Print LEASED PREMISES ADDRESS: RESIDENT: Tremain A. Webster DAYTIME PHONE #: (214) 622-7947 E-MAIL ADDRESS: tremainjwebster7l@gmail.com CURRENT VEHICLE MAKE AND MODEL: LICENSE TAG #: EMERGENCY CONTACT EMERGENCY NAME: CELL PHONE #: , 9?�lV 6/t?7-79(-/7 RELATIONSHIP: EME GENCY NAME: RELATIONSHIP: � STATE: CONTACT NUMBER: CONTACT NUMBER: 34 RESTRICTED ANIMAL/BREED LIST This Policy ("Policy") is made part of the Residential Lease Contract ("Agreement") dated Auaust 22. 2023, and is between the Owner of Tides at Meadowbrook ("Owner") and Tremain A. Webster, (collectively and individually 'Residents"), for the premises at 603 KING GEORGE DRIVE #133. FORT WORTH. TX 76112 (the "Leased Premises"), which is located within Tides at Meadowbrook (the "Residential Community"). All capitalized terms used but not defined herein shall have the meaning set forth in the Agreement. Where the terms and conditions of this Policy vary or conflict with the terms and conditions of the Agreement, the terms and conditions of this Policy shall control. 1. DOG BREEDS: Restricted breeds that may not visit or be maintained in the Leased Premises include, but are not limited to, the following: ® Pit Bulls ® Rottweilers ® Presa Canaria M German Shepherds I@ Huskies ® Malamutes ® Dobermans M Chowchows ® St. Bernard?s M Great Danes ® Akitas ® Terriers (Staffordshire) ® American Bull Dog M Karelian Bear Dog ® Any hybrid or mixed breed of one of the aforementioned breeds 2. POISONOUS ANIMALS: Restricted animals that may not visit or be maintained in the Leased Premises include, but are not limited to, the following: M Tarantulas ® Piranhas 3. EXOTIC ANIMALS: Restricted animals that may not visit or be maintained in the Leased Premises include, but are not limited to, the following: ® Reptiles (snakes, iguanas) M Ferrets ® Skunks ® Raccoons M Squirrels ® Rabbits Birds (parrots, cockatiels, macaws) NOTE: SERVICE/COMPANION ANIMALS MAY NOT BE SUBJECT TO THIS LIST INT DING TO BE BOUND, the parties hereto have executed this Policy as of day and year first above written. 111123 (By FPf Manage Inc., on behaKof, and a d ignated Date agent for, Owner) 35 SATELLITE DISH AND ANTENNA ADDENDUM This Addendum ( "Addendum") is made part of the Residential Lease Contract ("Agreement") dated August 22. 2023, and is between the Owner of Tides at Meadowbrook ("Owner") and Tremain A. Webster, (collectively and individually "Residents"), for the premises at 603 KING GEORGE DRIVE #133. FORT WORTH. TX 76112 (the "Leased Premises"), which is located within Tides at Meadowbrook (the "Residential Community"). All capitalized terms used but not defined herein shall have the meaning set forth in the Agreement. Where the terms and conditions of this Addendum vary or conflict with the terms and conditions of the Agreement, the terms and conditions of this Addendum shall control. Federal Communications Commission ("FCC") rules allow Residents limited rights to install, maintain, or use a satellite dish or receiving antenna subject to reasonable restrictions by Owner. Residents are required to comply with the restrictions for the installation and use of such equipment set forth below. 1. Size and Location. Satellite dishes or antenna may not exceed one meter, or 39.37 inches, in diameter. Residents may install only one satellite dish or antenna in an area of the Leased Premises over which Residents have exclusive use or control. "Exclusive use" refers to an area of the Leased Premises that only the Resident and their guests may enter or use. Residents are prohibited from installing a satellite dish or antenna in restricted and common areas, including but not limited to the roof, exterior walls, windows, or fences. 2. Installation. Residents may install a satellite dish or antenna after the following conditions are met: (1) Owner receives this signed addendum; (2) Owner receives applicable written evidence of liability insurance, as detailed below; (3) Owner receives applicable additional security deposit, as detailed below; and (4) Residents receive written confirmation from Owner that the installation materials and the person or company who will do the installation comply with the terms of this addendum. a. Placement. Residents are prohibited from making physical modifications to the Leased Premises and installing the satellite dish, antenna, or other equipment in a manner which causes physical or structural damage to the Leased Premises, including but not limited to drilling holes in exterior or interior walls, doors, or windowsills. If Residents install the satellite or antenna in a permissible exterior area of the Leased Premises, Residents must ensure that any cable or equipment used to transmit a signal into the interior of the Leased Premises does not physically modify or alter the Leased Premises or interfere with the proper function of any doors or windows. b. Safety. The satellite dish or antenna must comply with reasonable safety standards and be safely secured within the Leased Premises under exclusive use of Residents by (1) clamping it to a part of the building exterior; (2) securely attaching it to a small slab of concrete or other portable heavy object; or (3) any other method approved in advance by Owner in writing. c. Noninterference. The satellite, antenna, and related equipment may not (1) interfere with Owner's or other neighboring properties' electrical, telephone, or cable systems; (2) be connected to Owner's telecommunications system; and (3) be connected to Owner's electrical system other than in a manner determined by Owner_ Owner is not responsible for the ability to receive or transmit a signal within the Leased Premises. 3. Workmanship. For safety purposes: Residents must obtain Owner's approval of (1) strength and type of materials to be used for installation, and (2) the person or company who will perform the installation. A qualified person or company that has workers compensation insurance and adequate public liability and property damage insurance must do the installation and evidence of licensing and insurance must be provided to Owner. Residents must obtain any permits required by local governmental authorities for the installation and comply with any applicable laws or ordinances. 4. Maintenance. Residents are solely responsible for all maintenance of the satellite dish, antenna, and all related equipment. If necessary, Owner may temporarily remove the satellite dish, antenna, or related equipment for maintenance or repairs of the building. 5. Removal and damages. The satellite dish, antenna, and all related equipment must be removed when Residents move out of the Leased Premises. Residents are liable for any damage to the Leased Premises and must pay for reasonably necessary costs to repair and repaint the Leased Premises. 6. Liability insurance and indemnity. Residents are fully responsible for any satellite dish or antenna and related equipment. IN NDING TO BE BOUND, the parties hereto have executed this A�dendum as of the day and year first above written. (By FPI ManaegW ne t, Inc., on ehalf o<ant(&.j Jasignated Date v agent for, 00her) 36 M&C Review Page 1 of 6 A Official site of the City of Fort Worth, Texas CITY COUNCIL AGEND Fo RT WORTH Create New From This M&C 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=8/9/2022 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\ %, 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 Hood 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_packet/mc review.asp?ID=30122&councildate=8/9/2O22 10/3/2022 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 AGENCY Housing Channel TABLE 1: CDBG AGENCIES CONSOLIDATED PLAN GOAL Affordable Housing Guardianship Services, Aging -In -Place Inc. Meals -On -Wheels, Inc. Aging -In -Place of Tarrant County gin g PROGRAM AMOUNT Homebuyer Education and $100,000.00 Housing Counseling Services Financial Exploitation $70,000.00 Prevention Center Home -Delivered $72,006.00 Meals http://apps.cfwnet.org/council_packet/mc review.asp?ID=30122&councildate=8/9/2O22 10/3/2022 M&C Review Page 4 of 6 Meals -On -Wheels, Inc. Aging of Tarrant County gin g -In -Place 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 County, Inc. The Ladder Alliance Easter Seals North Texas, Inc. Homeless Services Poverty Reduction and Household Stabilization Poverty Reduction and Household Stabilization The Women's Center of Poverty Reduction Tarrant County, Inc. and Household Stabilization Center for Transforming Poverty Reduction Lives and Household Stabilization CDBG Public Service Agencies Total Rehabilitation, Education and Accessibility Advocacy for Citizens Improvements with Handicaps DBA p REACH, Inc. United Way of Tarrant Accessibility County Improvements Fort Worth Area Habitat Preserve Aging for Humanity, Inc. DBA Housing Stock Transportation $50,000.00 Program Leadership Program $75,000.00 Educational Enrichment Program $100,000.00 After School Program $60,000.00 Y Achievers $50,000.00 After School Program $75,000.00 Fortress PreSchool Moving Home Case Management Computer Skills Training - Next Level Program Employment Services Working Families Success Level Up Microenterprise 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 1�$1,042,006.00 $125,000.00 $50,000.00 $455,000.00 http://apps.cfwnet.org/council_packet/mc review.asp?ID=30122&councildate=8/9/2O22 10/3/2022 M&C Review Page 5 of 6 Trinity Habitat for Humanity JCDBG Subrecipient Agencies Total TOTAL 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) TOTAL HOPWA CONTRACTS Emergency Solutions Grant Contracts TABLE 3: ESG AGENCIES AGENCY 11 PROGRAM The Presbyterian Night Shelter of Tarrant JIShelter County, Inc. Lighthouse for the Homeless DBA Worth Place The Salvation Army Center for Transforming Lives SafeHaven of Tarrant County TOTAL ESG CONTRACTS $630,000.001 1$1,672,006.00 11 AMOUNT I $429,850.00 $1,085,879.00 1�$1,515,729.00 11 AMOUNT ��$130,220.00� ��$176,000.00� ��$105,535.00� 11 $98,743.00 $70,905.00 II$581,403.00 All figures have been rounded to the nearest dollar for presentation purposes. These programs are available in ALL COUNCIL DISTRICTS. Operations/Services True Shelter Operations/Services Homelessness Prevention JlRapid Re -Housing Shelter Operations/Services 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/council_packet/mc review.asp?ID=30122&councildate=8/9/2O22 10/3/2022 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 Department ' Account Project Program Activity ' Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for Citv Manager's Office bv: Fernando Costa (6122) Oriqinatinq Department Head: Victor Turner (8187) Additional Information Contact: Sharon Burkley (5785) ATTACHMENTS 19NS 2022-2023 ACTION PLAN 21001.docx (Public) 19NS ACTION PLAN 2022 Aqencv Form 1295 Forms.odf (CFW Internal) Action Plan Budaet-Staff Recommendations Citv Council Work Session 060722.pdf (Public) Secretary of State Aqencv Listinqs 2022-2023.odf (Public) http://apps.cfwnet.org/council_packet/mc review.asp?ID=30122&councildate=8/9/2O22 10/3/2022