HomeMy WebLinkAboutContract 60113-AR1CSC No. 60113- Renewal One and Amendment One Page 1 of 4
CoFW and Atlantic Housing Foundation. Inc. dba Silverleaf Apartments
RENEWAL ONE AND AMENDMENT ONE
TO CITY OF FORT WORTH CONTRACT NO. 60113
This Contract Renewal and Amendment is made and entered into by and between the City of Fort
Worth , and Atlantic Housing Foundation. Inc. dba Silverleaf Apartments ,
e P P
RECITALS
WHEREAS, on August 25, 2023, the City entered into an agreement with the Landlord
for rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 60113 (the
"Agreement");
WHEREAS,
program;
WHEREAS Initial Term was from August 25, 2023 to July 31, 2024 and
allowed for annual renewals upon agreement of the Parties; 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 1, 2024 and expiring July 31, 2025 First unless earlier terminated in
accordance with the terms of the Agreement.
II
AMENDMENT TO AGREEMENT
The following terms are hereby amended to replace the referenced terms in the Agreement and
shall be binding and enforceable as if they were originally included therein.
1.Section 3.1 Security Deposit shall be amended and replaced as follows:
3.1 Security Deposit
The Tenant shall pay a security deposit for the Unit to the Landlord in accordance with the
the period the Tenant occupies the dwelling unit under the Lease. The Landlord shall comply with
state and local laws regarding interest payments on security deposits.
After the Tenant has moved from the dwelling unit, the Landlord may, subject to state and
local law, use the security deposit, including any interest on the deposit, as reimbursement for rent
CSC No. 60113- Renewal One and Amendment One Page 2 of 4
CoFW and Atlantic Housing Foundation. Inc. dba Silverleaf Apartments
or any other amounts payable by the Tenant under the Lease. The Landlord will give the Tenant a
written list of all items charged against the security deposit and the amount of each item. After
deducting the amount used as reimbursement to the Landlord, the Landlord shall promptly refund
the full amount of the balance to the Tenant.
The named Tenant may be eligible for security deposit payment assistance payable to
Landlord. In the event that the City pays the security deposit for the Unit on behalf of the Tenant
under a federally funded program (including the Permanent Housing Placement Program), after
deducting the amount used as reimbursement to the Landlord, the Landlord will promptly refund
the full amount of the balance to the City in accordance with HUD regulations. This does not limit
right to withhold any portion of the deposit that would normally be withheld at
termination under the terms of the underlying lease. Based upon the City City will pay a
$0 security deposit, to be paid directly to the Landlord.
The Landlord shall immediately notify the City when the Tenant has moved from the Unit.
2. Section 3.2 Rent and Amounts Payable by City shall be amended and replaced as
follows:
3.2 Rent and Amounts Payable by City
3.2.1 Rent. l
Term is $1,177.00 per month for the Unit.
Total Rent during the First Renewal Term is $1,177.00 per month for the Unit.
The Tenant, during the Initial Term, shall be responsible for $0.00 of rent per month for
the Unit from August 25, 2023 to August 31, 2023. The Tenant shall be responsible for $317.00
of rent per month for the Unit from September 1, 2023 to July 31, 2024. The Tenant during
the First Renewal Term shall be responsible for $359.00 of rent per month for the Unit.
During the Initial Term, from August 25, 2023 to August 31, 2023, City shall pay $265.77
.
First Renewal Term, the City Portion shall be $818.00. Neither City nor does HUD assume
ent 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.
3.2.2 Utilities. The named Tenant may be eligible for a utility reimbursement payable to
Landlord. The amount of the allowance has been calculated utilizing the Utility Allowance
Schedule established by the Tarrant County Housing Assistance Office/Fort Worth Housing
Solutions. Based
$0 utility reimbursement per month
the Landlord.
CSC No. 60113- Renewal One and Amendment One Page 3 of 4
CoFW and Atlantic Housing Foundation. Inc. dba Silverleaf Apartments
3.2.3 Payment Conditions. The right of the Landlord to receive payments under this
Agreement shall be subject to compliance with all of the provisions of the Agreement. The
1. The Unit is in decent, safe and sanitary condition, and that the Landlord is providing
the services, maintenance and utilities agreed to in the Lease.
2. The Unit is leased to and occupied by the Tenant named above in this Agreement.
3. The Landlord has not received and will not receive any payments as rent for the
Unit other than those identified in this Agreement.
4. To the best of the Landlord's knowledge, the unit is used solely as the Tenant's
principal place of residence.
3.2.4 Method of Payment. Payments made electronically (i.e.-
Clearing House network) provide more protection against theft and fraud and can be processed
more quickly by the City.
If Landlord registers to be paid under this Agreement electronically, City payments will
generally be made on or about the first day of the month for which the payment is due.
Payments for the first month may be somewhat delayed as a result of the registration and initial
set-up process.
If Landlord requests payment under this Agreement by paper check, City payments will be
made as promptly as possible following the first day of the month for which payment is due.
If Landlord request payment by check, Landlord assumes all liabilities related to theft, fraud,
and late payments.
If Landlord elects to receive electronic payments, Landlord will not assess any late fee
against Tenant or City for late payments by City so long as payments are made within thirty
(30) days of the day payment is due. If Landlord elects to receive payment by paper check,
under no circumstances shall late fees be assessed against Tenant or City for late payment by
the City.
3.2.5 Overpayments. If the City determines that the Landlord is not entitled to any
payments received, in addition to other remedies the City may deduct the amount of the
overpayment from any amounts due the Landlord, including the amounts due under any other
Rental Assistance Agreement.
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. 60113- Renewal One and Amendment One Page 4 of 4
CoFW and Atlantic Housing Foundation. Inc. dba Silverleaf Apartments
IN WITNESS WHEREOF,the parties hereto have executed this agreement, to be effective July
1, 2024.
FOR CITY OF FORT WORTH:FOR LANDLORD:
Name: Fernando Costa Name: Tania Gutierrez
Title: Assistant City Manager Title: Landlord Representative
Date: _______________Date:
APPROVAL RECOMMENDED
Name: Kacey Bess
Title: Interim Director,
Neighborhood Services Department
APPROVED AS TO FORM AND ATTEST:
LEGALITY
Name: Jessika Williams Name: Jannette Goodall
Title: Assistant City Attorney Title: City Secretary
Date:
Contract Compliance Manager: M&C No.: 23-0631
By signing I acknowledge that I am the
person responsible for the monitoring
and administration of this contract,
including ensuring all performance and
reporting requirements.
Name: Julie C. Peña, MSW
Title: Sr. Human Services Specialist
����� Bed Bug Addendum
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Please note: We want to maintain a high-quality living environment for you. It's important to work together to
minimize the potential for bed bugs in your dwelling and others. This Addendum outlines your responsibility
and potential liabiliry when ir comes to bed bugs.
1. Addendum. This is an addendum between the Residents and
Owner as described in the Lease for the dwelling described below:
(name of apartments)
or other dwelling located at
(streetaddress ofhouse, duplex, etc.)
(city)
(state) (zip).
2. Purpose. This addendum modifies the Lease Contract to address
any infestation of bed bugs (Cimex lectularius) that might befound
in the dwelling or on your personal property. We will rely on repre-
sentations that you make to us in this addendum.
3. Inspection and Infestations. We are not aware of any current
evidence of bed bugs or bed-bug infestation in the dwelling.
BY SIGNING THIS ADDENDUM, YOU REPRESENT THAT:
• YOU HAVE INSPECTED THE DWELLING BEFORE MOVING
IN OR SIGNING THIS ADDENDUM. AND YOU DID NOT
FIND ANY EVIDENCE OF BED BUGS OR BED-BUG INFES-
TATIONS, OR
• YOU WILL INSPECT THE DWELLING WITHIN 48 HOURS
AFTER MOVING IN OR SIGNING THIS ADDENDUM AND
WILL NOTIFY US OF ANY BED BUGS OR BED-BUG INFES-
TATION.
4. Access for Inspection and Pest Treatment. You must allow us
and our pest-control agents access to the dwelling at reasonable
times to inspectforortreat bed bugs. We can also inspect and treat
adjacent or neighboring dwellings to the infestation, even if those
dwellings are not the source or cause of the known infestation. Si-
multaneously as we treat the dwelling, you must, at your expense,
have your personal property, furniture, clothing, and possessions
treated according to accepted treatment methods by a licensed
pest-control firm that we approve. You agree not to treat the dwell-
ing for a bed-bug infestation on your own.
You are entitled to receive a copy of this Addendum after it is fully signed. Keep it in a safe place.
TAA Official Statewide Form 23d1, Revised October, 2023
Copyright 2023,Texas Apartment Association, Inc.
Blue Moon eSi nature Services Document ID: 444124226
INSURANCE ADDENDUM
1.
2. Required Insurance Policy. In accordance with the Lease, you understand and agree that this addendum requires Resident, at
Resident's sole expense, to buy and maintain a liability insurance policy during the entire Lease term and any renewal periods that provides
limits of liability to third parties in amount not less than $ 25000 . oo per occurrence. The liability insurance policy Resident buys
and maintains must cover the actions or inactions of Resident and your occupants and guests, and be issued or underwritten by a carrier
of your choice licensed to do business in Texas. The required insurance policy must identify the Owner identified in the Lease (or another
entity designated by Owner) as an "Interested Party" or "Party of InteresY' that will be notified by the insurer of any cancellation, non-
renewal, or material change in your coverage no later than 30 days after such action. You must provide us written proof of compliance with
the Lease and this addendum on or prior to the Lease commencement date; and if you do not you will not be granted possession of the
Premises. You must also provide us written proof of compliance within 7 days of our written request at any other time we request it.
3. Acknowledgement. You acknowledge that Owner does not acquire or maintain insurance for Resident's benefit or which is designed
to insure you for personal injury, loss or damage to your personal property or belongings, or your own liability for injury, loss or damage
that you (or your occupants or guests) may cause others. Any insurance policy that insures you for personal injury, loss or damage to
your personal property or belongings, or provide you coverage for your own liability for injury, loss or damage that you (or your occupants
or guests) may cause others must be bought and maintained solely by you. We do not and are not able to provide you with information
on insurance coverage, rates, or terms and conditions. You should instead seek such information from a licensed insurance company,
licensed insurance agent, other licensed insurance professional, or the Texas Department of Insurance. The Texas Department of
Insurance website at www.tdi.texas.gov may contain useful consumer information regarding renter's insurance. You further acknowledge
that we have made no referrals, guarantees, representations or promises whatsoever concerning any insurance or services provided by
any insurance company. At all times you have been and remain free to contract for the required insurance with the insurance carrier of
your choosing.
4. Default. You understand and agree that your failure to comply with either the requirements specified in the Lease, this addendum, or
both is a material breach by you of the Lease and a default of the Lease for which Owner may sue you for eviction. If you fail to buy and
maintain insurance as required by the Lease and this addendum, we may, in our sole discretion, agree to refrain from filing an eviction
against you for your default for not having the appropriate insurance in place upon payment by you to Owner of $
(which you agree is not a liquidated damages amount and which sum shall only apply to each month (or part thereof) you remain in breach
of this insurance addendum). Owner will agree to forego commencement of an eviction based upon non-compliance with this addendum
for a one-month period, during which you shall come into compliance with this addendum. Our choice to accept money from you to forego
pursuit of an eviction for one month does not require us to accept money from you or forego pursuit of our remedies under this paragraph
for any subsequent months. The foregoing payments are due on the 1 st day of the month following the calendar month (or part thereof)
during which you do not have the requiretl insurance, with no grace period. PAYMENT OF SAID AMOUNT DOES NOT RELIEVE YOU
OF YOUR OBLIGATION TO BUY AND MAINTAIN INSURANCE AS SUMMARIZED IN PARAGRAPH 2 OF THIS ADDENDUM, DOES
NOT CURE THE MATERIAL BREACH AND DEFAULT DESCRIBED IN THIS PARAGRAPH, IN WHOLE OR IN PART, AND DOES NOT
RELIEVE YOU OF ANY OBLIGATION TO COMPENSATE US OR ANY OTHER PARTY INJURED OR DAMAGED BY THE ACTIONS
OR INACTIONS OF RESIDENT OR YOUR OCCUPANTS OR GUESTS. You further understand that we will not buy an insurance policy
for you or for your benefit, and that nothing in this Lease shall be considered an agreement by Owner to furnish you with any insurance
coverage.
NOTICE TO RESIDENT: YOU SHOULD BE AWARE THAT THE REQUIRED INSURANCE POLICY UNDER THISADDENDUM DOES
NOT PROTECT YOU AGAINST LOSS OR DAMAGE TO YOUR PERSONAL PROPERTY OR BELONGINGS. YOU ARE STRONGLY
ENCOURAGED TO BUY INSURANCE THAT COVERS YOU AND YOUR PROPERTY.
I have read, understand and agree to comply with the preceding provisions: [All Residents must sign this addendum]
Blue Moon eSi nature Services Document ID: 444124226
Texas Apartment Association
■ �71 ����
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This Lease is valid only if filled out beforeJanuary 1, 2026.
Apartment Lease Contract
This is a binding contract. Read carefully before signing.
This Lease Contract ("Lease") is between you, the resident(s) as listed below and us. The terms "you" and "your" refer to all residents.
The terms "we; "'us;' and "our" refer to the owner listed below.
Apartment Lease Contract <02023, Texas Apartment Association, Inc Page 1 of 6
Blue Moon eSi nature Services Document ID: 444124226
1. Definitions.ThefollowingtermsarecommonlyusedinthisLease:
1.1. "Residents" are those listed in "Residents" above who sign
this Lease and are authorized to live in the apartment.
1.2. "Occupants" are those listed in this Lease who are also autho-
rized to live in the apartment, but who do not sign this Lease.
13. "Owner" may be identified by an assumed name and is the
owner only and not property managers or anyone else.
1.4. "Including"inthisLeasemeans"includingbutnotlimitedto."
1.5. "Community Policies" are the written apartment rules and
policies, including property signage and instructions for
care of our property and amenities, with which you, your
occupants, and your guests must comply.
1.6. "RenY' is monthly base rent plus additional monthly
recurring fixed charges.
1.7. "Lease"includesthisdocument,anyaddendaand
attachments, Community Policies and Special Provisions.
2. Apartment. You are leasing the apartment listed above for use as a
private residence only.
2.1. Access. In accordance with this Lease, you'll receive access
information or devices for your apartment and mailbox, and
other access devices including: Remote__
2.2. Measurements. Any dimensions and sizes provided to you
relating to the apartment are only approximations or
estimates; actual dimensions and sizes may vary.
23. Representations.Youagreethatdesignationsoraccredi-
tations associated with the property are subject to change.
3. Rent.YoumustpayyourRentonorbeforethelstdayofeach
month (due date) without demand. There are no exceptions
regarding the payment ofRent and you agree not paying Rent on
or before the istof each month is a material breach of this Lease.
��
3.2.
3.3.
3.4.
3.5.
3.6.
Payments. You will pay your Rent by any method, manner
and place we specify in accordance with this Lease.
Cash is not acceptable without our prior written
permission. You cannot withhold or offset Rent unless
authorized 6ylaw. We may, at our option, require at any
time that you pay Rent and other sums due in one single
payment by any method we specify.
Application of Payments. Payment of each sum due is an
independent covenant, which means payments are due
regardless of our performance. When we receive money,
other than water and wastewater payments subject to
government regulation, we may apply it at our option and
without notice first to any of your unpaid obligations, then
to accrued rent. We may do so regardless of notations on
checks or money orders and regardless of when the
obligations arose. All sums other than Rent and late fees are
due upon our demand. After the due date, we do not have
to accept any payments.
Late Fees. If we don't receive your monthly base rent in full
when iYs due, you must pay latefees as outlined in Lease Details.
Returned Payment Fee. You'll paythe fee listed in Lease
Details for each returned check or rejected electronic
payment, plus initial and daily late fees ifapplicable, until
we receive full payment in an acceptable method.
Utilities and Services. You'll payfor all utilities and services,
related deposits, and any charges or fees when they are due
and as outlined in this Lease. Television channels that are
provided may be changed during the Lease term ifthe
change applies to all residents.
If your electricity is interrupted, you must use only battery-
operated lighting (no flames). You must not allow any
utilities (other than cable or Internet) to be cut off or
switched for any reason—including disconnection for not
paying your bills—until the Lease term or renewal period
ends. If a utility is individually metered, it must be connected
in your name and you must notify the provider of your move-
out date. If you delay getting service turned on in your name
bythis Lease's start date or cause it to be transferred back into
our name before you surrender or abandon the apartment,
you'll be liable for the charge listed above (not to exceed $50
per billing period), plus the actual or estimated cost of the
utilities used while the utilityshould have been billed to you.
Ifyour apartment is individually metered and you change
your retail electric provider, you must give us written notice.
You must pay all applicable providerfees, including anyfees
to change service back into our name after you move out.
Lease Changes. Lease changes are only allowed during the
Lease term or renewal period if governed by Par.10, specified
in Special Provisions in Par. 32, or by a written addendum or
amendment signed by you and us. At or after the end of the
initial Lease term, Rent increases will become effective with at
least 5 days plus the number of days' advance notice contained
in Box F on page 1 in writing from us to you. Your new Lease,
which may indude increased Rent or Lease changes, will begin
on the date stated in any advance notice we provide (without
needing your signature) unless you give us written move-out
notice under Par.25, which applies onlyto the end ofthe current
Lease term or renewal period.
4. Automatic Lease Renewal and Notice ofTermination.This Lease
will automatically renew month-to month unless either party gives
written notice of termination or intent to move out as required by Par.
25 an d specifi ed on pag e 1. If the number of days isn't filled in, no-
tice of at least 30 days is required.
5. SecurityDeposit.Thetotalsecuritydepositforallresidentsisdue
on or before the date this Lease is signed. Anyanimal deposit will be
designated in an animal addendum.5ecurity deposits may not be ap-
plied to Rent without our prior written consent.
5.1. Refunds and Deductions. You must give us your advance
notice of move out as provided by Par. 25 and forwardinq
address in writing to receive a written description and
itemized list of charges or refund. ln accordance with this
Lease and as allowed by law, we may deduct from your
security deposit any amounts due under this LeaseJl�ou
move out earlyorin response to a notice to vacate, you'll be
liable forreke�q tharges. Upon receipt of your move-out
date and forwarding address in writing, the security deposit
will be returned (less lawful deductions) with an itemized
accounting of any deductions, no later than 30 days after
surrender or abandonment, unless laws provide otherwise.
Any refund may be by one paymentjointly payable to all
residents and distributed to any one resident we choose,
or distributed equally among all residents.
6. Insurance. Our insurance doesn't cover the loss of or damage to
yourpersonal property. You will be required to have liability insur-
ance as specified in this Lease unless otherwise prohibited by law. If
you have insurance covering the apartment or your personal belong-
ings at the time you or we suffer or allege a loss, you agree to require
your insurance carrier to waive any insurance subrogation rights.
Even if not required, we urge you to obtain your own insurance for
losses due to theft, fire, flood, water, pipe leaks and similar occurrenc-
es. Most renter's insurance policies don't cover losses due to a flood.
7. Reletting and Early LeaseTermination. This Lease may not be ter-
minated early except as provided in this Lease.
7.1. RelettingCharge.You'llbeliableforarelettingchargeas
listed in Lease Details, (notto exceed 85%ofthe highest
monthly Rent during the Lease term) ifyou: (A) fail to move in,
or fail to give written move-out notice as required in Par. 25;
(B) move out without paying Rent in full for the entire Lease
term or renewal period; (C) move out at our demand because
of your default; or (D) arejudicially evided. The reletting
charge is not a termination, cancellation or buyout fee and
does not release you from your obligations under this Lease,
including liability for future or past-due Rent, charges for
damages or other sums due.
The reletting charge is a liquidated amount covering only
part of our damages—for our time, effort, and expense in
finding and processing a replacement resident. These
damages are uncertain and hard to ascertain—particularly
those relating to inconvenience, paperwork, advertising,
showing apartments, utilities for showing, checking pros-
pects, overhead, marketing costs, and locator-service fees.
You agreethatthe reletting charge is a reasonable estimate
of our damages and that the charge is due whether or not our
reletting attempts succeed.
7.2. Early LeaseTermination Option Procedure. In addition to
your termination rights referred to in 73 or 8.1 below, ifthis
provision applies under Lease Details, you may opt to
terminate this Lease prior to the end of the Lease term ifall of
the following occur: (a) as outlined in Lease Details, you give
us written notice of early termination, pay the Early Termina-
tion Option fee in full and specify the date by which you'll
move out; (b) you are not in default at any time and do not
hold over; and (c) you repay all rent concessions, credits or
discounts you received during the Lease term. If you are in
default, the Lease remedies apply.
73. SpecialTerminationRights.Youmayhavetherightunder
Texas law to terminate this Lease early in certain situations
involving military deployment or transfer, family violence,
tertain sexual offenses, stalking or death of a sole resident.
8. DelayofOccupancy.Wearenotresponsibleforanydelayofyour
occupancy caused by construction, repairs, deaning, or a previous
residenYs holding over. This Lease will remain in force subjectto
(1) abatement of Rent on a daily basis during delay, and (2) your right
to terminate this Lease in writing as set forth below. Rent abatement
and Lease termination do not apply ifthe delay is for cleaning or re-
pairs that don't prevent you from moving into the apartment.
8.1. Termination. If we give written notice to you of a delay in
occupancy when or after this Lease begins, you may termi-
nate this Lease within 3 days after you receive written notice.
If we give you written notice before the date this Lease begins
and the notice states that a construction or other delay is
expected and that the apartment will be ready for you to
occupy on a specific date, you may terminate this Lease within
7 days after receiving written notice.
After proper termination, you are entitled only to refund of
any deposit(s) and any Rent you paid.
ApartmentLeaseContracto2023,TexasApartmentAsso �ation Inc Page2of6
Blue Moon eSi nature Services Document ID: 444124226
9. Care of Unit and Damages. You must promptly pay or reimburse us
for loss, damage, consequential damages, government fines or charg-
es, or cost of repairs or service in the apartment community because
of a Lease violation; improper use, negligence, or other conduct by
you, your invitees, your occupants, or your guests; or, as allowed by
law, any other cause not due to our negligence or fault, except for
damages by acts of God to the extent they couldn't be mitigated by
your action or inaction.
Unless damage or wastewater stoppage is due to our negligence,
we're not liable for—and you must pay for—repairs and replace-
ments occurring during the Lease term orrenewal period, includ-
ing: (AJ damage from wastewater stoppages caused by improper
objects in lines exclusively serving your apartment; (8) damage to
doors, windows, orscreens and (C) damage from windows or doors
left open.
10. CommunityPolicies.CommunityPoliciesbecomepartofthis
Leaseand mustbefollowed. We may make changes, including addi-
tions, to our written Community Policies, and those changes can be-
come effective immediately ifthe Community Policies are distributed
and applicable to all units in the apartment community and do not
change the dollaramounts owed underthis Lease.
10.1. Photo/Video Release. You give us permission to use any
photograph, likeness, image or video taken of you while
you are using property common areas or participating in
any event sponsored by us.
10.2. Disclosure of Information. At our sole option, we may,
but are not obligated to, share and use information related
to this Lease for law-enforcement, governmental, or business
purposes. At our request, you authorize any utility provider to
give us information about pending or actual connections or
disconnections of utility service to your apartment.
10.3. Guests. We may excludefrom the apartment community
any guests or others who, in our solejudgment, have been
violating the law, violating this Lease or our Community
Policies, or disturbing other residents, neighbors, visitors,
or owner representatives. We may also exclude from any
outside area or common area anyone who refuses to show
photo identification or refuses to identify himself or
herself as a resident, an authorized occupant, or a guest of
a specific resident in the community.
Anyone not listed in this Lease cannot stay in the
apartment for more than _ 2 days in one week
without our prior written consent, and no more than twice
that many days in any one month. If the previous space
isn't filled in, 2 days total per week will be the limit.
10.4. NoticeofConvictionsandRegistration.Youmust
notify us within 15 days if you or any of your occupants:
(A) are convicted of any felony, (B) are convicted of any
misdemeanor involving a controlled substance, violence to
another person, or destruction of property, or (C) register as a
sex offender. Informing us of a criminal conviction or
sex-offender registration doesn't waive any rights we may
have against you.
10.5. Odors, Noise and Construction. You agree that odors
and smells (including those related to cooking),
everyday noises or sounds related to repair, renovation,
improvement, or construction in or around the property
are all a normal part of a multifamily living environment and
that it is impractical for us to prevent them from penetrating
your apartment.
11. Conduct. You agree to communicate and conduct yourself in a law-
ful, courteous and reasonable manner at all times when interacting
with us, our representatives and other residents or occupants. Any
acts of unlawful, discourteous or unreasonable communication or
conduct by you, your occupants or guests is a breach of this Lease.
You must use customarydiligence in maintaining the apartment,
keeping it in a sanitary condition and not damaging or littering the
common areas. Trash must be disposed of at least weekly. You will
use your apartment and all other areas, including any balconies, with
reasonable care. We may regulate the use of passageways, patios,
balconies, porches, and activities in common areas.
11.1. Prohibited Conduct. You, your occupants, and your guests
will not engage in certain prohibited conduct, including the
following activities:
(a) criminal conduct; manufacturing, delivering, or
possessing a controlled substance or drug parapher-
nalia; engaging in or threatening violence; possessing
a weapon prohibited by state law; discharging a firearm
in the apartment community; or, except when
allowed by law, displaying or possessing a gun, knife,
or other weapon in the common area, or in a way that
may alarm others;
(b) behaving in a loud, obnoxious or dangerous manner;
(c) disturbingorthreateningtherights,comfort,health,safety,
or convenience of others, including us, our agents, or our
representatives;
(d) disruptingourbusinessoperations;
(e) storing anything in closets containing water heaters or
gas appliances;
(f) tamperingwithutilitiesortelecommunication
equipment;
(g) bringing hazardous materials intothe apartment
community;
(h) using windows for entry or exit;
(i) heating the apartment with gas-operated appliances;
(j) making bad-faith or false allegations against us or our
agents to others;
(k) smoking of any kind, that is not in accordance with this
Lease;
(p using glass containers in or near pools; or
(m) conducting any kind of business (including child-care
services) in your apartment or in the apartment
community—except for any lawful business
conducted "at home" by computer, mail, or telephone if
customers, clients, patients, employees or other
business associates do not come to your apartment
for business purposes.
12. Animals.Nolivingcreaturesofanykindareallowed,eventempo-
rarily, anywhere in theapartmentorapartmentcommunityun-
less we've given written permission. If we a I low a n a n i ma I, you m ust
sign a separate Animal Addendum and, except as set forth in the ad-
dendum, payan animal deposit and applicablefees and additional
monthly rent, as applicable. An animal deposit is considered a gener-
al security deposit. You represent that any requests, statements and
representations you make, including those for an assistance or sup-
port animal, are true, accurate and made in good faith. Feeding stray,
feral or wild animals is a breach of this Lease.
12.1.
12.2.
Removal of Unauthorized Animal. We may remove an
unauthorized animal by (1) leaving, in a conspicuous
place in the apartment, a written notice of our intent to
remove the animal within 24 hours; and (2) following the
procedures of Par.14. We may: keep or kennel the animal;
turn the animal overto a humane society, local authority
or rescue organization; or return the animal to you if
we consent to your request to keep the animal and you
have completed and signed an Animal Addendum and
paid all fees. When keeping or kenneling an animal, we
won't be liable for loss, harm, sickness, or death of the
animal unless due to our negligence. You must payfor
the animal's reasonable care and kenneling charges.
Violations of Animal Policiesand Charges. Ifyou or
any guest or occupant violates the animal restrictions of
this Lease or our Community Policies, you'll be subject to
charges, damages, eviction, and other remedies
provided in this Lease, including animal violation charges
listed in Lease Details from the datethe animal was
brought into your apartment until it is removed. If an
animal has been in the apartment at any time during
your term of occupancy (with or without our consent),
we'll charge you for all cleaning and repair costs,
including defleaing, deodorizing, and shampooing. Initial
and daily animal-violation charges and animal-removal
charges are liquidated damages for our time,
inconvenience, and overhead in enforcing animal
restrictions and Community Policies.
13. Parking. You may not be guaranteed parking. We may regulate the
time, manner, and place of parking of all motorized vehicles and
other modes oftransportation, including bicycles and scooters, in
this Lease. In addition to other rights we have to tow or boot vehides
under state law, we also have the right to remove, at the expense of
the vehicle owner or operator, any vehicle that is not in compliance
with this Lease.
14. When We May Enter. If you or any other resident, guest or occupant
is present, then repair or service persons, contractors, law officers,
government representatives, lenders, appraisers, prospective resi-
dents or buyers, insurance agents, persons authorized to enter under
your rental application, or our representatives may peacefully enter
the apartment at reasonabletimesfor reasonable business purposes.
If nobody is in the apartment, then any such person may enter peace-
fully and at reasonable times (by breaking a window or other means
when necessary) for reasonable business purposes if written notice of
the entry is left in a conspicuous place in the apartment immediately
after the entry. We are under no obligation to enter only when you
are present, and we may, but are not obligated to, give prior notice or
make appointments.
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Blue Moon eSi nature Services Document ID: 444124226
15. Requests,RepairsandMalfunctions.
15.1. WrittenRequestsRequired.lfyouoranyoccupantneeds
tosenda request—forexample, forrepairs, installations,
services, ownership disclosure, orsecurity-related matters—
itmust be written and delivered to ourdesignated
representative in accordance with this Lease (except for
fair-housing accommodation or modification requests or
situations involving imminent danger or threats to health or
safety, such as fire, smoke, gas, explosion, or crime in
progress). Our written notes regarding your oral request do
not constitute a written request from you.0ur complying
with or responding to any oral request doesn't waive the strict
requirement forwritten notices underthis Lease. A request
for maintenance or repair by anyone residing in your
apartment constitutes a request from all residents. The time,
manner, method and means of performing maintenance
and repairs, including whetheror which vendors to use,
are within our sole discretion.
15.2. Your Requirement to Notify. You must promptly notify us in
writing of air conditioning or heating problems, water leaks or
moisture, mold, electrical problems, malfunctioning lights,
broken or missing locks or latches, or any other condition that
poses a hazard or threat to property, health, or safety. Unless
we instruct otherwise, you are required to keep the
apartment cooled or heated according to this Lease. Air
conditioning problems are normally not emergencies.
15.3. Utilities. We may change or install utility lines or
equipment serving the apartment if the work is done
reasonably without substantially increasing your
utility costs. We may turn off equipment and interrupt
utilities as needed to perform work or to avoid
property damage or other emergencies. If utilities
malfunction or are damaged by fire, water, or similar
cause, you must notify our representative immediately.
15.4. Your Remedies. We'll act with customary diligence to
make repairs and reconnections within a reasonable
time, taking into consideration when casualty-insurance
proceeds are received. Unless required by statute after
a casualty loss, or during equipment repair, your Rent
will not abate in whole or in part. "Reasonable time"
accountsforthe severityand nature ofthe problem and
the reasonable availability of materials, labor, and
uti I ities. If we fail to timel y repair a condition that
materiallyaffects the physical healih orsafety ofan
ordinary resident as required by the Texas Property Code,
you may be entitled to exercise remedies under § 92.056
and § 92.0561 of the Texas Property Code. lf you follow
the procedures under those sections, the following
remeAies, among others, may be available to you:
(i) termination of this Lease and an appropriate refund
under 92.056(f); (2) have the condition repaired or
remedied according to § 92.0561; (3) deduct from the Rent
the cost of the repair or remedy according to § 92.0567;
and 4) judicial remedies according to § 92.0563.
16. Our Right to Terminate for Apartment Community Damage or
Closure. If, in our solejudgment, damages tothe unit or building are
significant or performanw of needed repairs poses a danger to you,
we may terminate this Lease and your right to possession by giving
you at least 7 days' written notice. If termination occurs, you agree
we'll refund only prorated rent and all deposits, minus lawful deduc-
tions. We may remove and dispose of your personal property if, in
our solejudgment, it causes a health or safety hazard or impedes our
abilityto make repairs.
Texas Property Code secs. 92.151, 92.153, and 92.154 require, with
some exceptions, that we provide at no cost to you when occupancy
begins: (A) a windowlatch on each window; (B) a doorviewer (peep-
hole or windowJ on each exteriordoor, (C) a pin lock on each sliding
door; (D) either a door-handle latch or a security bar on each sliding
door, (E) a keyless bolting device (deadbolt) on each exteriordoor;
and (F) either a keyed doorknob lock or a keyed deadbolt lock on
one entrydoor. Keyed locks will be rekeyed after the priorresident
moves out. The rekeying wi116e done either before you move in or
within 7 days after you move in, as required bylaw. If we fail to in-
stall orrekeysecurity devices as required by law, you have the right
to do so and deduct the reasonable cost from your next Rent pay-
ment under Texas Property Code sec. 92.765(1). We may deactivate
or not install keyless bolting devices on your doors if (A) you oran
occupant in the dwelling is over 55 or disabled, and (B) the require-
ments of Texas Property Code sec. 92.153(e) or (f) are satisfied.
18.1. Smoke Alarms and Detection Devices. We'll furnish
smoke alarms or other detection devices required by law
or city ordinance. We may instal I additional detectors
not so required. We'll test them and provide working
batteries when you first take possession of your
apartment. Upon request, we'll provide, as required by
law, a smoke alarm capable of alerting a person with a
hearing impairment.
You must pay for and replace batteries as needed,
unless the law provides otherwise. We may replace dead
or missing batteries at your expense, without prior notice
to you. Neither you nor your guests or occupants may
disable alarms or detectors. lf you damage ordisable the
smoke alarm or remove a battery without replacing it
with a working 6attery, you maybe liable to us under
Texas PropeMy Code sec. 92.2611 for$100 plus one
month's Rent, actual damages, and attorney's fees.
18.2. Duty to Report. You must immediately report to us any
missing, malfunctioning or defective security devices,
smoke alarms or detectors. You'll be liable if you fail to
report malfunctions, or fail to report any loss, damage, or
fines resulting from fire, smoke, or water.
19. Resident5afetyandLoss.Unlessotherwiserequiredbylaw,none
of us, our employees, agents, or management companies are liable
to you, your guests or occupants forany damage, personal injury,
loss to personal property, orloss of business or personal income,
from any cause, including but not limited to: negligent or intention-
al acts ofresidents, occupants, orguests thek, burglary, assault,
vandalism or other crimes; fire, Flood, water leaks, rain, hail, ice,
snow, smoke, lightning, wind, explosions, interruption ofutilities,
pipe leaks orother occurrences unless such damage, injuryor loss is
caused exclusively by ournegligence.
We do not warrantsecurityofany kind. You agree that you will not
rely upon any security measures taken by us for personal security,
and that you will call 911 and local law enforcement authorities if any
security needs arise.
You acknowledge that we are not equipped or trained to provide
personal security services to you, your guests or occupants. You rec-
ognize that we are not required to provide any private security ser-
vices and that no security devices or measures on the property are
fail-safe. You further acknowledge that, even if an alarm or gate ame-
nities are provided, they are mechanical devices that can malfunc-
tion. Any charges resulting from the use of an intrusion alarm will be
charged to you, including, but not limited to, anyfalse alarms with
police/fire/ambulance response or other required city charges.
20. ConditionofthePremisesandAlterations.
16.1. Property Closure. We also have the right to terminate 20.1.
this Lease and your right to possession by giving you at
least 30 days' written notice of termination if we are
demolishing your apartment or closing it and it will no
longer be used for residential purposes for at least 6
months, or if any part of the property becomes subject to
an eminent domain proceeding.
17. Assignments and Subletting. You may not assign this Lease or sub-
let your apartment. You agree that you won't rent, offer to rent or
license all or any part of your apartment to anyone else unless other-
wise agreed to in advance by us in writing. You agree that you won't
accept anything of value from anyone else for the use of any part of
your apartment. You agree not to list any part of your apartment on
any lodging or short-term rental website or with any person or ser-
vice that advertises dwellings for rent.
18. Security and Safety Devices. We'll payfor missing security de-
vices that are required by law. You'll �ay for: (A1 reke�a that
you request (unless wefailed to rekey afterthe previous resi-
dent moved out); and (B) repairs or replacements because of
misuse or damage byyou or your family your occupants, or your
ug ests• You must pay immediately after the work is done unless state
law authorizes advance payment. You must also pay in advance for
any additional or changed security devices you request.
As-Is. We disclaim all implied warranties. You accept the
apartment, fixtures, and furniture as is, except for
conditions materially affecting the health or safety of
ordinary persons. You'll be given an Inventory and
Condition Form at or before move-in. You agree that
after completion ofthe form or within 48 hours after
move-in, whichever comes first, you must note on the
form all defects or damage, sign the form, return it to
us, and the form accurately reflects the condition of the
premisesfor purposes ofdetermining any refund dueto
you when you move out. Otherwise, everything will be
considered to be in a dean, safe, and good working
condition. You must still send a separate request for any
repairs needed as provided by Par.15.1.
20.2. Standards and Improvements. Unless authorized by
law or by us in writing, you must not perform any repairs,
painting, wallpapering, carpeting, electrical changes, or
otherwise alter our property. No holes or stickers are
allowed inside or outside the apartment. Unless this Lease
states otherwise, we'll permit a reasonable number of small
nail holesfor hanging pictures on sheetrockwalls and in
grooves of wood-paneled walls. No water furniture, washing
machines, dryers, extra phone or television outlets, alarm
systems, cameras, two-way talk device, video or other door-
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Blue Moon eSi nature Services Document ID: 444124226
bells, or lock changes, additions, or rekeying is permitted
unless required by law or we've consented in writing. You may
install a satellite dish or antenna, but only if you sign our
satellite dish or antenna lease addendum, which complies
with reasonable restrictions allowed by federal law. You must
not alter, damage, or remove our property, including alarm
systems, detection devices, appliances,furniture, telephone
and television wiring, screens, locks, or security devices. When
you move in, we'll supply light bulbs for fixtures we furnish, in-
cluding exterior fixtures operated from inside the apartment;
after that, you'll replace them at your expense
with bulbs of the same type and wattage. Your improvements
to the apartment (made with or without our consent) become
ours unless we agree otherwise in writing.
21. Notices. Written notice to or from our employees, agents, or
management companies constitutes notice to or from us. Notices to
you or any other resident ofthe apartment constitute notice to all
residents. Notices and requests from any resident constitute notice
from all residents. Only residents can give notice of Lease termination
and intent to move out under Par. 73. All notices and documents will
be in English and, at our option, in any other language that you read
orspeak.
21.1. Electronic Notice. Notice may be given electronically by
us to you if allowed by law. If allowed by law and in
accordance with this Lease, electronic notice from you to us
must be sent to the email address and/or portal specified in
this Lease. Notice may also be given by phone call or to a
physical address if allowed in this Lease.
You represent that you have provided your current email
address to us, and that you will notify us in the event your
email address changes.
22. Liability.EachresidentisjointlyandseverallyliableforallLease
obligations. Ifyou or any guest or occupant violates this Lease or our
Community Policies, all residents are considered to have violated this
Lease.
22.1. Indemnification byYou. You7ldefend, indemnifyandhold us
and our employees, agents, and management company
harmless from allliability arising from yourconduct or
requests to our representatives and from the conduct of or
requests by your invitees, occupants or guests.
23. DefaultbyResident.
23.1.
23.2.
Acts of Default. You'll be in default if: (A) you don't
timely pay Rent, including monthly recurring charges, or
other amounts you owe; (B) you or any guest or
occupant violates this Lease, our Community Policies,
or fire, safety, health, criminal or other laws, regardless of
whether or where arrest or conviction occurs; (C) you
give incorrect, incomplete, orfalse answers in a rental
application or in this Lease; or (D) you or any occupant is
charged, detained, convicted, or given deferred
adjudication or pretrial diversion for (1) an offense
involving actual or potential physical harm to a person, or
involving the manufacture or delivery of a controlled
substance, marijuana, or drug paraphernalia as defined
in the Texas Controlled Substances Act, or (2) any sex-
related crime, including a misdemeanor.
Eviction.lfyoudefault includingholdingover,wemay
end yourright of occupancy bygiving you at least a 24-
hour written notice to vacate. Termination of your possession
rights doesn't release you from liability for future Rent or
other Lease obligations. Aftergiving notice to vacate or
filinganevictionsuit wemaystillacceptRentorother
sums due; the filing or acceptance doesn't waive or
diminish our right of eviction or any other contrattual or
statutoryright. Accepting money at any time doesn't waive
our right to damages, to past or future Rent or other sums,
or to our continuing with eviction proceedings. In an eviction,
Rent is owed for the full rental period and will not be
prorated.
23.3. Acceleration. Unless we elect not to accelerate Rent, all
monthly Rent for the rest of the Lease term or renewal
period will be accelerated automatically without notice
or demand (before or after acceleration) and will be
immediately due if, without our written consent: (A) you
move out, remove property in preparing to move out,
or you or any occupant gives oral or written notice of
intent to move out before the Lease term or renewal
period ends; and (B) you haven't paid all Rent for the
entire Lease term or renewal period. Remaining Rent will
also be accelerated if you're judicially evicted or move
out when we demand because you've defaulted.
If you don't pay the first month's Rent when or before this Lease
begins, all future Rent for the Lease term wi II be automatically
accelerated without notice and become immediatelydue. We
also may end your right of occu pa ncy and recover damages,
future Rent, attorney's fees, court costs, and other lawful charges.
23.4. Holdover. You and all occupants must vacate and surrender
the apartment by or before the date contained in: (1) your
move-out notice (2) our notice to vacate, (3) our notice of
non-renewal, or (4) a written agreement specifying a different
move-out date. If a holdover occurs, then you'll be liable to us
for all Rent forthe full term of the previously signed lease of a
new resident who can't occupy because ofthe holdover, and
at our option, we may extend the Lease term and/or increase
the Rent by 25°/a by delivering written notice to you or your
apartment while you continue to hold over.
23.5. Other Remedies. We may report unpaid amounts to
credit agencies as allowed by law. If we or our debt
collector tries to collect any money you owe us, you
agree that we or the debt collector may contact you by
any legal means. If you default, you will pay us, in addition
to other sums due, any rental discounts or concessions
agreed to in writing that have been applied to your account.
We may recover attorney's fees in connection with enforcing
our rights underthis Lease. All unpaid amounts you owe bear
interest at the rate provided byTexas Finance Code Section
304.003(c) from the due date. You must pay all collection-
agency fees if you fail to pay sums due within 10 days after
you are mailed a letter demanding payment and stating that
collection-agency fees will be added if you don't pay all sums
bythat deadline. You are also liable for a charge (not to
exceed $150) to cover our time, cost and expense for any
eviction proceeding against you, plus our attorney's fees and
expenses, court costs, and filing fees actually paid.
24. Representatives'AuthorityandWaivers.0urrepresentatives(in-
cluding management personnel, employees, and agents) have no
authority to waive, amend, or terminate this Lease or any part ofit
unless in writing and signeA, and no authority to make promises, rep-
resentations, oragreements thatimpose security duties or other ob-
ligations on us or our representatives, unless in writing and signed.
No action or omission by us will be considered a waiver of our rights or of
any subsequent violation, default, or time or place of performance. Our
thoice to enforce, not enforce ordelay enforcement of written-no-
ticerequirements, rental due dates, acceleration, liens, oranyother
rights isn4a waiverunderanycircumstances. Delay in demanding
sums you owe is not a waiver. Except when notice or demand is required
by law, you waive any notice and demand for performance from us if you
default. Nothing in this Lease constitutes a waiver of our remedies for a
breach under your prior lease that occurred before the Lease term beg ins.
Your Lease is subordinateto existing and future recorded mortgages, un-
less the owner's lender chooses otherwise.
All remedies are cumulativa Exercising one remedy won't constitute
an election or waiver of other remedies. All provisions regarding our
nonliability or nonduty apply to our employees, agents, and manage-
ment companies. No employee, agent, or management company is
personally liable for any of our contractual, statutory, or other obliga-
tions merely by virtue of acting on our behalf.
25. Move-OutNotice. Beforemovingout,youmustgiveourrepresen-
tative advance written move-out notice as statedin Par. 4, even if
this Lease has become a month-to-month lease. The move-out date
can't be changed unless we and you both agree in writing.
Your move-out notice must comply with each of the following:
(a) Unless we require more than 30 days' notice, if you give
notice on the first day ofthe month you intend to move
out, move out will be on the last day of that month.
(b) Your move-out notice must not terminate this Lease
before the end ofthe Lease term or renewal period.
(c) If we require you to give us more than 30 days' written
notice to move out before the end of the Lease term, we
will give you 1 written reminder not less than 5 days nor
more than 90 days before your deadline for giving us
your written move-out notice. If we fail to give a reminder
notice, 30 days' written notice to move out is required.
(d) Youmustgetfromusawrittenacknowledgmentofyour
notice.
26. Move-Out Procedures.
26.1. Cleaning.Youmustthoroughlycleantheapartment,including
doors, windows,furniture, bathrooms, kitchen appliances,
patios, balconies, garages, carports, and storage rooms. You
must follow move-out cleaning instructions if they have been
provided. If you don't clean adequately, you'll be liable for
reasonable cleaning charges—including charges for cleaning
carpets, draperies, furniture, walls, etc. that are soiled beyond
Apartment Lease Contract o2023, Texas Apartment Association, Inc Page 5 of 6
Blue Moon eSi nature Services Document ID: 444124226
normal wear (that is, wear or soiling that occurs without
negligence, carelessness, accident, or abuse).
26.2. Move-Out Inspection. We may, but are not obligated to,
provide a joint move-out inspection. Our representatives
have no authority to bind or limit us regarding deductions for
repairs, damages, or charges. Any statements or estimates by
us or our representative are subject to our correction, modi- 31.2.
fication, or disapproval before final accounting or refunding.
27. Surrender and Abandonment. You have surrendered the apartment
when: (A) the move-out date has passed and no one is living in the
apartment in our reasonablejudgment; or(B) apartment keys and ac-
cess devices listed in Par. 2.1 have been turned in to us—whichever
happens first.
You have abandoned the apartment when all of the following have
occurred:(A)everyoneappearsto have moved outin ourreasonable
judgment; (B) you've been in default for nonpayment of Rent for 5
consecutive days, or water, gas, or electric service for the apartment
not conneded in our name has been terminated or transferred; and
(C) you've not responded for 2 days to our notice left on the inside of
the main entry door stating that we consider the apartment aban-
doned. An apartment is also considered abandoned 10 days after the
death of a sole resident.
27.1. The Ending of Your Rights. Surrender, abandonment, or
judicial eviction ends your right of possession for all purposes
and gives us the immediate right to clean up, make repairs in,
and relet the apartment; determine any security-deposit
deductions; and remove or store property left in the apartment.
27.2. Removal and Storage of Property. We, or law officers, may—
but have no duty to—remove or store all property that in our
solejudgment belongs to you and remains in the apartment
or in common areas (including anyvehicles you or any
occupant or guest owns or uses) after you'rejudicially evicted
or if you surrender or abandon the apartment.
YOD UNDERSTAND THAT, WITHOUTTHIS WAIVER, YOU
COULD BE A PARTY IN A CLASS ACTION LAWSUIT. BY
SIGNING THIS LEASE. YOU ACCEPTTHIS WAIVER AND
CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY.
THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE
THE TERMINATION OR EXPIRATION OF THIS LEASE.
Force Majeure. If we are prevented from completing substan-
tial performance ofanyobligation underthis Lease by
occurrences that are beyond our control, induding but
not limited to, an act of God, strikes, epidemics, war, acts of
terrorism, riots, flood, fire, hurricane, tornado, sabotage or
governmental regulation, then we shall be excused from any
further performance of obligations to the fullest extent
allowed by law.
32. Special Provisions. The following, or attached Special Provisions and
anyaddenda or Community Policies provided toyou, are part ofthis
Lease and supersede any conflicting provisions in this Lease.
No cash. After 2 NSF's, only certified
funds will be accepted. Rent amount
excludes carports, storages, garages.
Trash, Sewage & Water billed monthly.
$2.25 recycle & trash, $2.21 storm wtr
fee to be paid additionallv. 5200 MTM
We're not liable for casualty, loss, damage, or theft. You
must pay reasonable charges for our packing, removing and
storing any property.
Except for animals, we may throw away or give to a charitable
organization all personal property that is:
(1) left in the apartment after surrender or abandonment; or
(2) left outside more than 1 hour after writ of possession is
executed, following judicial eviction.
An animal removed after surrender, abandonment, or eviction
may be kenneled or turned over to a local authority, humane
society, or rescue organization.
28. TAA Membership. We, the management company representing us,
or any locator service that you used confirms membership in good
standing of both the Texas Apartment Association and the affiliated
local apartment association for the area where the apartment is
located at the time of signing this Lease. If not, the following applies:
(A) this Lease is voidable at your option and is unenforceable by us
(except for property damages); and (B) we may not recover past or
future rent or other charges. The above remedies also apply if both
ofthefollowing occur: (1) this Lease is automatically renewed on a
month-to-month basis more than once after membership in TAA and
the local association has lapsed; and (2) neither the owner nor the man-
agement company is a member ofTAA and the local association during
the third automatic renewal. A signed affidavitfrom the affiliated local
apartment association attesting to nonmembership when this Lease
or renewal was signed will be conclusive evidence of nonmembership.
Governmental entities may useTAA forms ifTAA agrees in writing.
Name, address and telephone number of locator service (if applicable):
29. Severability and Survivability. If any provision ofthis Lease is inval-
id or unenforceable under applicable law, it won't invalidate the re-
mainder of this Lease or change the intent of the parties. Paragraphs
10.7,10.2,16, 22.1, 27, 30 and 31 shall survive the termination of
this Lease. This Lease binds subsequent owners.
30. Gontrolling Law. Texas law governs this Lease. All litigation arising
under this Lease and all Lease obligations must be brought in the
county, and precinct ifapplicable, wherethe apartment is located.
31. Waivers. BysigningthisLease,youagreetothefollowing:
31.1. Class Action Waiver. You agree that you will not participate
in any class action claims against us or our employees, agents,
or management company. You must file any claim against us
individually, and you expressly waive your right to bring,
represent join or otherwise maintain a class action,
collettive action orsimilar proceeding against us in
any forum.
Before submitting a rental application or signing this Lease, you
should review the documents and may consult an attorney. You are
bound by this Lease when it is signed. An electronic signature is
binding. This Lease, including all addenda, is the entire agreement
between you and us. You agreethat you are NOT relying on any
oralrepresentations.
Apartment Lease Contract, TAA Official Statewide Form 23-A/B-1 /B-2 Revised October 2023 Page 6 of 6
Blue Moon eSi nature Services Document ID: 444124226
����'� Animal Addendum
���:��ti.�l'�!t'1\41�.\'I �tiS[]f:l�'ll(1\'
Please note: We consider animals a serious responsibility and a risk to each resident in the dwelling. lf you do
not properly control and care for an animal, you'll be liable if it causes damage or disturbs oYher residents.
1.
3. Gonditional Authorization for Animal. You may keep the animal or
animals described below in the dwelling until the Lease expires. We
may terminate this authorization sooner if your right of occupancy is
lawfully terminated or if in ourjudgment you, your animal, your guest,
or any occupant violates any of the rules in this addendum.
4. Animal Deposit. You must pay a one-time animal deposit of
$ 300.00 when you sign this addendum. This deposit is
in addition to your total security deposit under the Lease, which is a
general security deposit for all purposes. Refund of the total security
deposit is subject to the terms and conditions in the Lease, and this
animal-deposit portion of the total deposit is not separately refund-
able even ifthe animal is removed.
5. AssistanceorServiceAnimals.Whenallowedbyapplicablelaws,we
may require written verification of or make other inquiries regarding
the disability-related need for an assistance or service animal for a per-
son with a disability. We will not charge an animal deposit, additional
rent, or other fee for any authorized assistance or service animal. Ex-
cept as provided by applicable law, all other provisions of this adden-
dum apply to assistance or service animals.
6. Search and Rescue Dogs. We may ask the handler of a search and
rescue dog for proof he or she is a person with a certification issued by
a nationally recognized search and rescue agency before we authorize
a search and rescue dog. If we authorize a search and rescue dog, we
will not charge an animal deposit, additional rent or other fee for any
such dog. Except as provided by applicable law, all other provisions of
this addendum apply to search and rescue dogs.
7. Additional Monthly Rent. Your monthly base rent (as stated in the
Lease) will be increased by $ 0. 00
8. Additional Fee. You must also pay a one-time nonrefundable fee
of $ 200 . 00 to keep the animal in the dwelling unit.The
fee is due when you sign this addendum.
9. Liability Not Limited. The additional monthly rent and additional
security deposit under this Animal Addendum do not limit residents'
liability for property damage, cleaning, deodorization, defleaing, re-
placements, or personal injuries.
10. Description of Animal. You may keep only the animal or animals de-
scribed below. You may not substitute any other animal. Neither you
nor your guests or occupants may bring any other animal—mammal,
reptile, bird, amphibian, fish, rodent, arachnid, or insect—into the
dwelling or apartment community.
Animal's name: No pets on file
Type:
Breed:
Color:
Weight:
Age:
City of license:
02022 TE%AS APARTMENT ASSOCIATION, INC.
License #:
Date of last rabies shot:
Housebroken?
Animal owner's name:_
Animal's name:
Type:
Breed:
Color:
Weight:
Age:
City of license: _
License #:
Date of last rabies shot:
Housebroken?
Animal owner's name:
Animal's name:
Type:
Breed:
Color:
Weight:
Age:
City of license:
License #:
Date of last rabies shot:
Housebroken?
Animal owner's name:
11. Special Provisions. The following special provisions control over any
conflicting provisions of this addendum:
12. Emergency. In an emergency involving an accident or injury to your
animal, we have the right—but not the duty—to take the animal to
the following veterinarian for treatment, at your expense.
Doctor:
Address:
City/State/Zip:
Phone: �)
13. Animal Rules. You are responsible for the animal's actions at all times.
You agree to follow these rules:
13.1 Shots and Licenses. The animal at all times must have current
rabies shots and licenses required by law. You must show us evi-
dence of the shots and licenses if we ask.
13.2 Disturbances. The animal must not disturb the neighbors or
other residents, regardless of whether the animal is inside or
outside the dwelling.
133 Housebreaking, Cages, Offspring. Dogs, cats, assistance or
service animals, and search and rescue dogs must be house-
broken. All other animals must be caged at all times. No animal
offspring are allowed.
13.41ndoor Waste Areas. Inside, the animal may urinate or defe-
cate only in these designated areas: NONE
13.5 Outdoor Waste Areas.0utside, the animal may urinate or def-
ecate only in these designated areas: OUTSIDE _
PERIMETER
13.6 Tethering. Animals may not be tied to any fixed object any-
where outside the dwelling units, except in fenced yards (if any)
for your exclusive use.
Blue Moon eSi nature Services Document ID: 444124226
CONTINUED ON BACK
13.7 Off-Limit Areas. You must not let an animal—other than an
assistance or service animal—into swimming-pool areas, laun-
dry rooms, offices, clubrooms, other recreational facilities, or
other dwelling units besides your own, except that search and
rescue dogs shall be allowed to use areas of the property ac-
cessible to the general public, such as the leasing office. Cer-
tain service animals in training shall also be allowed to use
those areas when accompanied by an approved trainer.
13.8 Food & Water. Your animal must be fed and given water in-
side the dwelling unit. You may not leave animal food or water
outside the dwelling unit at any time, except in fenced yards (if
any) for your exclusive use.
13.9 Leash. You must keep the animal on a leash and under your su-
pervision when outside the dwelling or in any private fenced area.
We or our representative may pick up unleashed animals, report
them to the proper authorities, or do both. We'll charge you a rea-
sonable feefor picking up and keeping unleashed animals.
13.10Animal Waste. Unless we have designated a particular area in
your dwelling unit or on the grounds for animal defecation and
urination, you are prohibited from letting an animal defecate or
urinate anywhere on our property and you must take the ani-
ma I off our property for that purpose. If we allow a n i mal defeca-
tion inside the unit, you must ensure that iYs done in a litter box
with a kitty-litter-type mix. If the animal defecates anywhere
on our property (including in a fenced yard for your exclusive
use), you must immediately remove the waste and repair any
damage. In addition to the terms of this addendum, you must
complywith all local ordinances regarding animal defecation.
14. Additional Rules. We may make reasonable changes to the animal
rules from time to time if we distribute a written copy of any changes
to every resident who is allowed to have animals.
15. Violation of Rules. If you, your guest, or any occupant violates any
rule or provision of this addendum (in ourjudgment) and we give you
written notice of the violation, you must remove the animal immedi-
ately and permanentlyfrom the premises. We also have all other rights
and remedies set forth in the Lease, including eviction and recovering
damages and attorney's fees from you.
16. Complaints About Animal. If we receive a reasonable complaintfrom
a neighbor or other resident or if we, in our sole discretion, determine
that the animal has disturbed neighbors or other residents, we will
give you written notice and you must immediately and permanently
remove the animal from the premises.
17. Our Removal of an Animal. In some circumstances, we may enter the
dwelling unit and remove the animal within one day after leaving a
written notice in a conspicuous place.
17.1 Causes for Removal. We can remove an animal under this para-
graph if, in our solejudgment, you have:
(A) abandonedtheanimal;
(B) lefttheanimalinthedwellingunitforanextendedperiodof
time without food or water;
(C) failed to care for a sick animal;
(D) violatedouranimalrules;OR
(E) let the animal defecate or urinate where iYs not allowed.
17.2 Removal Process. To remove an animal, we must follow the
procedures in the Lease, and we may turn the animal over to a
humane society or local authority. We'll return the animal to you
upon request if we haven't already turned it over to a humane
society or local authority. We don't have a lien on the animal
for any purpose, but you must pay for reasonable care and ken-
neling charges for the animal. If you don't pick up the animal
within five days after we remove it, it will be considered aban-
doned.
18. Liability for Damage, Injuries, Cleaning. Except for reasonable wear
and tear resulting from an assistance or service animal, you and all co-
residents are jointly and severally liable for the entire amount of any
damage the animal causes, including cleaning, defleaing, or deodor-
izing. This provision applies to all parts of the dwelling unit including
carpets, doors, walls, drapes, wallpaper, windows, screens, furniture, and
appliances, as well as landscaping and other outside improvements. If an
'item cannot be satisfactorily cleaned or repaired, you must pay for us
to replace it. Payment for damage, repairs, cleaning, replacements, and
the like are due immediately upon demand. As the owner, you're strictly
liable for the entire amount of any injury that your animal causes to an-
other person or to anyone's property. You indemnify us for all costs of
litigation and attorney's fees resulting from any such injury or damage.
19. Move-Out. Except for reasonable wear and tear resulting from an as-
sistance or service animal, when you move out, you'll pay for deflea-
ing, deodorizing, and shampooing to protect future residents from
possible health hazards, regardless of how long the animal was there.
We—not you—will arrange for these services.
20. Multiple Residents. Each resident who signed the Lease must also
sign this addendum. You, your guests, and any occupants must follow
all animal rules. Each resident is jointly and severally liable for dam-
ages and all other obligations set forth in this addendum, even if the
resident does not own the animal.
21. Dog Park. We may provide an area to be used as a dog park. While
using the park, you will be required to supervise your dog, but may
remove the leash. Leashes must be used while traveling to and from
the park. The park is not supervised or monitored in any way, and you
use the park at your own risk. We are not liable for any injury, damage
or loss which is caused as a result of any problem, defect or malfunc-
tion of the park. We are also not liable for injury, damage or loss to
any person, animal or property caused byany other person or animal,
including, but not limited to, dog bite, trespass, assault or any other
crime. Furthermore, we are not liable for any disruption in the park's
operation or performance. You hereby release us and our agents, con-
tractors, employees and representatives from any liability connected
with the park. You agree to be responsible for any property damage
caused by you, your guests or other occupants to the park. You un-
derstand that participating in any activity at the park carries a risk of
injury, and you are willing to assume this risk. We make no representa-
tions or warranties of any kind regarding the park.
22. General. You acknowledge that no other oral or written agreement
exists regarding animals. Except for any special provisions noted in
paragraph 11 above, our representative has no authority to modify this
addendum or the animal rules except in writing as described under
paragraph 14.This Animal Addendum and the animal rules are consid-
ered part of the Lease described above.
23. Animal Restrictions. No animal will be allowed that poses a threat
to any other person. You represent that your animal(s) does not pose
a danger or threat of any kind to any person or property; has not dis-
played vicious, aggressive or dangerous behavior; and has never be-
fore injured you or any other person or animal or caused any dam-
age to your property or another person's property. You affirmatively
represent and warrant that you have never had a claim or lawsuit filed
against you or anyone else for an injury or damage caused by or re-
lated to the animal. You understand and agree thatthe approval ofthe
animal to live in your apartment is expressly conditioned upon all of
the forgoing being true and ifyou have made any misrepresentation it
is a violation of the Lease.
You are legally bound by this document. Please read it carefully.
You are entitled to receive a copy of thisAddendum after it is fully
signed. Keep it in a safe place.
TAA Official Statewide Form 22-E, Revised February 2022 �
yright2022,TexasApartmentAssociation,lnc °---
Blue Moon eSi nature Services Document ID: 444124226
����'� Mold Information and Prevention
i r;t�4:���.�t� �.��-. �,���,�:� �� ���. Addendum
Please note: We want to maintain a high-qualiYyliving environment forourresidenYs. To help achieve this goal,
it is important that we work Yogether to minimize any mold growth in your dwelling. This Addendum contains
important information for you, and responsibiliYies for both you and us.
TAA Official Statewide Form 23-FF, Revised O�tober, 2023 Q
Copyright2023,TexasApartmentAssociation,lnc -.,..._,
Blue Moon eSi nature Services Document ID: 444124226
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Security Guidelines for Residents
Addendum
1. Addendum. This is an addendum to the Lease Contract • Always be aware of your surroundings and avoid areas
("Lease") executed by you, the resident(s), on the dwelling that are not well-traveled or well-lit.
you have agreed to rent. That dwelling is:
2. Security Guidelines. We disclaim any express or implied
warranties of security. We care about your safety and
that of other occupants and guests. No security system
is failsafe Even the best system can't prevent crime.
Always act as if security systems don't exist since
they are subject to malfunttion, tampering, and hu-
man error. The best safety measures are the ones
you perform as a matter of common sense and habit.
Inform all other occupants in your dwelling, including any
children you may have, about these guidelines. We recom-
mend that all residents and occupants use common sense
and follow crime prevention tips, such as those listed below:
• In case of emergency, call 911. Always report emergencies
to authorities first and then contact the management.
• Report any suspicious activity to the police first, and then
follow up with a written notice to us.
• Know your neighbors. Watching out for each other is one
of the best defenses against crime.
• Keep your keys handy at al I times when walking to your
car or home.
• Do not go inside if you arrive home and find your door
open.Callthe policefrom anotherlocation andaskthem
to meet you before entering.
• Make sure locks, latches and sliding glass doors are
properly secured at all times.
• Use the keyless deadbolt in your unit when you are at
home.
Don't put your name or address on your key ring or hide
extra keys in obvious places, like under a flower pot. If
you losea keyorhaveconcernsaboutkeysafety,wewill
rekeyyourlocksatyourexpense, in accordancewith the
Lease.
Checkthedoorviewerbeforeansweringthedoor. Don't
open the door ifyou don't knowthe person or have any
doubts. Children who are old enough to take care of
themselves should never let anyone inside when home
without an adult.
Regularlycheckyoursecuritydevices,smokealarmsand
other detection devices to make sure they are working
properly. Alarm and detection device batteries should
be tested monthly and replaced at least twice a year.
Immediately report in writing (dated and signed) to us
any needed repairs of security devices, doors, windows,
smoke alarms and other detection devices , as well as
anyother malfunctioning safetydeviceson the property,
such as broken access gates, burned out exterior lights,
etc.
TAA Official Statewide Form 15-M, Revised October, 2015 Q
Copyright 2015,Texas Apartment Association, Inc ...,....,..
Blue Moon eSi nature Services Document ID: 444124226
,
When water and wastewater bills are paid 100 percent by the property owner, residents have
no incentive to conserve water. This results in a waste of our state’s natural resources and adds to the overhead of the
property—and that usually means higher rents. Allocation of water bills saves money for residents because it encourages
them to conserve water and wastewater. We as owners also have incentive to conserve because we are required by law to
pay a portion of the total water bill(s) for the entire apartment community.
Payment of your allocated water/wastewater bill is due 16 days after the date it is postmarked
or hand delivered to your apartment. You agree to mail or deliver payment to the place indicated on your bill so that payment
is received no later than the due date. You will pay a late charge of 5 percent of your water/wastewater bill if we don’t receive
timely payment. If you are late in paying the water bill, we may not cut off your water; but we may immediately exercise all
other lawful remedies, including eviction—just like late payment of rent.
Your monthly rent under the TAA Lease Contract does not include a charge for water and
wastewater. Instead, you will be receiving a separate bill from us each month for such utilities. We may include this item as
a separate and distinct charge as part of a multi-item bill. We will allocate the monthly mastermeter water/wastewater bill(s)
for the apartment community, based on an allocation method approved by the Public Utility Commission of Texas (PUC) and
described below.
The allocation method that we will use in calculating your bill is noted below and described in the following subdivision of
Section 24.281 of the PUC rules (check only one):
subdivision (i) actual occupancy;
subdivision (ii) ratio occupancy (PUC average for number of occupants in unit);
subdivision (iii) average occupancy (PUC average for number of bedrooms in unit);
subdivision (iv) combination of actual occupancy and square feet of the apartment; or
subdivision (v) submetered hot/cold water, ratio to total.
The normal date on which the utility company sends its monthly bill to us for the water/wastewater mastermeter is about
the day of the month. Within 10 days thereafter, we will try to allocate that mastermeter bill among our residents by
allocated billings.
We will calculate your allocated share of the mastermetered water/wastewater bill according
to PUC rules. Before calculating your portion of the bill, we will deduct for irrigation of landscaping and all other common area
uses, as required by PUC rules. We will also deduct for any utility company base charges and customer service charges
so that you won’t be paying any part of such charges for vacant units. No administrative or other fees will be added to the
total mastermeter water/wastewater bill(s) to be allocated unless expressly allowed by PUC rules. No other amounts will be
included in the bill except your unpaid balances and any late fees you incur. If we fail to pay our mastermeter bill to the utility
company on time and incur penalties or interest, no portion of such amounts will be included in your bill.
The above allocation formula for determining your share of the mastermetered water/
wastewater bill cannot be changed except as follows: (1) the new formula is one approved by the PUC; (2) you receive notice
of the new formula at least 35 days before it takes effect; and (3) you agree to the change in a signed lease renewal or signed
mutual agreement.
the previous calendar year was $ per unit, varying from $ to $ for the lowest
to highest month’s bills for any unit in the apartment community for this period, if such information is available. The above
water consumption habits, etc.
the utility company; (2) our calculations of your monthly allocations; and (3) any other information available to you under PUC
rules. Please give us reasonable advance notice to gather the data. Any disputes relating to the computation of your bill will
be between you and us.
Water allocation billing is regulated by the PUC. A copy of the rules is attached. This addendum complies with those
rules.
We agree to use our best efforts to repair any water leaks inside or outside your apartment no later
than 7 days after learning of them. You agree to use your best efforts to conserve water and notify us of leaks.
____________________________________________________________
Water allocation and submetering is regulated by the Texas Public Utility Commission (PUC). In
accordance with PUC rules, a copy of the applicable rules is provided to you below:
SUBCHAPTER I: WATER UTILITY SUBMETERING AND ALLOCATION
§ 24.275. General Rules and Definitions
(a) Purpose and scope. The provisions of this subchapter are intended to
establish a comprehensive regulatory system to assure that the practices
involving submetered and allocated billing of dwelling units and multiple use
facilities for water and sewer utility service are just and reasonable and
include appropriate safeguards for tenants.
(b) Application. The provisions of this subchapter apply to apartment houses,
condominiums, multiple use facilities, and manufactured home rental
communities billing for water and wastewater utility service on a submetered
or allocated basis. The provisions of this subchapter do not limit the authority
of an owner, operator, or manager of an apartment house, manufactured
home rental community, or multiple use facility to charge, bill for, or collect
rent, an assessment, an administrative fee, a fee relating to upkeep or
management of chilled water, boiler, heating, ventilation, air conditioning, or
other building system, or any other amount that is unrelated to water and
sewer utility service costs.
(c) Definitions. The following words and terms, when used in this subchapter,
have the defined meanings, unless the context clearly indicates otherwise.
(1) Allocated utility service--Water or wastewater utility service that is
master metered to an owner by a retail public utility and allocated to tenants
by the owner.
(2) Apartment house--A building or buildings containing five or more
dwelling units that are occupied primarily for nontransient use, including a
residential condominium whether rented or owner occupied, and if a
dwelling unit is rented, having rent paid at intervals of one month or more.
(3) Condominium manager--A condominium unit owners' association
organized under Texas Property Code §82.101, or an incorporated or
unincorporated entity comprising the council of owners under Chapter 81,
Property Code. Condominium Manager and Manager of a Condominium
have the same meaning.
(4) Customer service charge--A customer service charge is a rate that is
not dependent on the amount of water used through the master meter.
(5) Dwelling unit--One or more rooms in an apartment house or
condominium, suitable for occupancy as a residence, and containing
kitchen and bathroom facilities; a unit in a multiple use facility; or a
manufactured home in a manufactured home rental community.
(6) Dwelling unit base charge--A flat rate or fee charged by a retail public
utility for each dwelling unit recorded by the retail public utility.
(7) Manufactured home rental community--A property on which spaces are
rented for the occupancy of manufactured homes for nontransient
residential use and for which rental is paid at intervals of one month or
longer.
(8) Master meter--A meter used to measure, for billing purposes, all water
usage of an apartment house, condominium, multiple use facility, or
manufactured home rental community, including common areas, common
facilities, and dwelling units.
(9) Multiple use facility--A commercial or industrial park, office complex, or
marina with five or more units that are occupied primarily for nontransient
use and are rented at intervals of one month or longer.
(10) Occupant--A tenant or other person authorized under a written
agreement to occupy a dwelling.
(11) Overcharge--The amount, if any, a tenant is charged for submetered
or nonsubmetered master metered utility service to the tenant's dwelling
unit after a violation occurred relating to the assessment of a portion of
utility costs in excess of the amount the tenant would have been charged
under this subchapter. Overcharge and Overbilling have the same
meaning.
(12) Owner--The legal titleholder of an apartment house, a manufactured
home rental community, or a multiple use facility; and any individual, firm,
or corporation expressly identified in the lease agreement as the landlord
of tenants in the apartment house, manufactured home rental community,
or multiple use facility. The term does not include the manager of an
apartment home unless the manager is expressly identified as the landlord
in the lease agreement.
(13) Point-of-use submeter--A device located in a plumbing system to
measure the amount of water used at a specific point of use, fixture, or
appliance, including a sink, toilet, bathtub, or clothes washer.
(14) Submetered utility service--Water utility service that is master metered
for the owner by the retail public utility and individually metered by the
owner at each dwelling unit; wastewater utility service based on
submetered water utility service; water utility service measured by point-of-
use submeters when all of the water used in a dwelling unit is measured
and totaled; or wastewater utility service based on total water use as
measured by point-of-use submeters.
(15) Tenant--A person who owns or is entitled to occupy a dwelling unit or
multiple use facility unit to the exclusion of others and, if rent is paid, who
is obligated to pay for the occupancy under a written or oral rental
agreement.
(16) Undercharge--The amount, if any, a tenant is charged for submetered
or nonsubmetered master metered utility service to the tenant's dwelling
unit less than the amount the tenant would have been charged under this
subchapter. Undercharge and Underbilling have the same meaning.
(17) Utility costs--Any amount charged to the owner by a retail public utility
for water or wastewater service. Utility Costs and Utility Service Costs have
the same meaning.
(18) Utility service--For purposes of this subchapter, utility service includes
only drinking water and wastewater.
§ 24.277. Owner Registration and Records
(a) Registration. An owner who intends to bill tenants for submetered or
allocated utility service or who changes the method used to bill tenants for
utility service shall register with the commission in a form prescribed by the
commission.
(b) Water quantity measurement. Except as provided by subsections (c) and
(d) of this section, a manager of a condominium or the owner of an apartment
house, manufactured home rental community, or multiple use facility, on
which construction began after January 1, 2003, shall provide for the
measurement of the quantity of water, if any, consumed by the occupants of
each unit through the installation of:
(1) submeters, owned by the property owner or manager, for each dwelling
unit or rental unit; or
(2) individual meters, owned by the retail public utility, for each dwelling
unit or rental unit.
(c) Plumbing system requirement. An owner of an apartment house on which
construction began after January 1, 2003, and that provides government
assisted or subsidized rental housing to low or very low income residents shall
install a plumbing system in the apartment house that is compatible with the
installation of submeters for the measurement of the quantity of water, if any,
consumed by the occupants of each unit.
(d) Installation of individual meters. On the request by the property owner or
manager, a retail public utility shall install individual meters owned by the
utility in an apartment house, manufactured home rental community, multiple
use facility, or condominium on which construction began after January 1,
2003, unless the retail public utility determines that installation of meters is
not feasible. If the retail public utility determines that installation of meters is
not feasible, the property owner or manager shall install a plumbing system
that is compatible with the installation of submeters or individual meters. A
retail public utility may charge reasonable costs to install individual meters.
(e) Records. The owner shall make the following records available for
inspection by the tenant or the commission or commission staff at the on-site
manager's office during normal business hours in accordance with subsection
(g) of this section. The owner may require that the request by the tenant be
in writing and include:
(1) a current and complete copy of TWC, Chapter 13, Subchapter M;
(2) a current and complete copy of this subchapter;
(3) a current copy of the retail public utility's rate structure applicable to the
owner's bill;
(4) information or tips on how tenants can reduce water usage;
(5) the bills from the retail public utility to the owner;
(6) for allocated billing:
(A) the formula, occupancy factors, if any, and percentages used to
calculate tenant bills;
(B) the total number of occupants or equivalent occupants if an
equivalency factor is used under §24.281(e)(2) of this title (relating to
Charges and Calculations); and
(C) the square footage of the tenant's dwelling unit or rental space and
the total square footage of the apartment house, manufactured home
rental community, or multiple use facility used for billing if dwelling unit
size or rental space is used;
(7) for submetered billing:
(A) the calculation of the average cost per gallon, liter, or cubic foot;
(B) if the unit of measure of the submeters or point-of-use submeters
differs from the unit of measure of the master meter, a chart for
converting the tenant's submeter measurement to that used by the retail
public utility;
(C) all submeter readings; and
(D) all submeter test results;
(8) the total amount billed to all tenants each month;
(9) total revenues collected from the tenants each month to pay for water
and wastewater service; and
(10) any other information necessary for a tenant to calculate and verify a
water and wastewater bill.
(f) Records retention. Each of the records required under subsection (e) of
this section shall be maintained for the current year and the previous calendar
year, except that all submeter test results shall be maintained until the
submeter is permanently removed from service.
(g) Availability of records.
(1) If the records required under subsection (e) of this section are
maintained at the on-site manager's office, the owner shall make the
records available for inspection at the on-site manager's office within three
days after receiving a written request.
(2) If the records required under subsection (e) of this section are not
routinely maintained at the on-site manager's office, the owner shall
provide copies of the records to the on-site manager within 15 days of
receiving a written request from a tenant or the commission or commission
staff.
(3) If there is no on-site manager, the owner shall make copies of the
records available at the tenant's dwelling unit at a time agreed upon by the
tenant within 30 days of the owner receiving a written request from the
tenant.
(4) Copies of the records may be provided by mail if postmarked by
midnight of the last day specified in paragraph (1), (2), or (3) of this
subsection.
§ 24.279. Rental Agreement
(a) Rental agreement content. The rental agreement between the owner and
tenant shall clearly state in writing:
(1) the tenant will be billed by the owner for submetered or allocated utility
services, whichever is applicable;
(2) which utility services will be included in the bill issued by the owner;
(3) any disputes relating to the computation of the tenant's bill or the
accuracy of any submetering device will be between the tenant and the
owner;
(4) the average monthly bill for all dwelling units in the previous calendar
year and the highest and lowest month's bills for that period;
(5) if not submetered, a clear description of the formula used to allocate
utility services;
(6) information regarding billing such as meter reading dates, billing dates,
and due dates;
(7) the period of time by which owner will repair leaks in the tenant's unit
and in common areas, if common areas are not submetered;
(8) the tenant has the right to receive information from the owner to verify
the utility bill; and
(9) for manufactured home rental communities and apartment houses, the
service charge percentage permitted under §24.281(d)(3) of this title
(relating to Charges and Calculations) that will be billed to tenants.
(b) Requirement to provide rules. At the time a rental agreement is discussed,
the owner shall provide a copy of this subchapter or a copy of the rules to the
tenant to inform the tenant of his rights and the owner's responsibilities under
this subchapter.
(c) Tenant agreement to billing method changes. An owner shall not change
the method by which a tenant is billed unless the tenant has agreed to the
change by signing a lease or other written agreement. The owner shall
provide notice of the proposed change at least 35 days prior to implementing
the new method.
(d) Change from submetered to allocated billing. An owner shall not change
from submetered billing to allocated billing, except after receiving written
approval from the commission after a demonstration of good cause and if the
rental agreement requirements under subsections (a), (b), and (c) of this
section have been met. Good cause may include:
(1) equipment failures; or
(2) meter reading or billing problems that could not feasibly be corrected.
(e) Waiver of tenant rights prohibited. A rental agreement provision that
purports to waive a tenant's rights or an owner's responsibilities under this
subchapter is void.
§ 24.281. Charges and Calculations
(a) Prohibited charges. Charges billed to tenants for submetered or allocated
utility service may only include bills for water or wastewater from the retail
public utility and must not include any fees billed to the owner by the retail
public utility for any deposit, disconnect, reconnect, late payment, or other
similar fees.
(b) Dwelling unit base charge. If the retail public utility's rate structure includes
a dwelling unit base charge, the owner shall bill each dwelling unit for the
base charge applicable to that unit. The owner may not bill tenants for any
dwelling unit base charges applicable to unoccupied dwelling units.
(c) Customer service charge. If the retail public utility's rate structure includes
a customer service charge, the owner shall bill each dwelling unit the amount
of the customer service charge divided by the total number of dwelling units,
including vacant units, that can receive service through the master meter
serving the tenants.
(d) Calculations for submetered utility service. The tenant's submetered
charges must include the dwelling unit base charge and customer service
charge, if applicable, and the gallonage charge and must be calculated each
month as follows:
(1) water utility service: the retail public utility's total monthly charges for
water service (less dwelling unit base charges or customer service
charges, if applicable), divided by the total monthly water consumption
measured by the retail public utility to obtain an average water cost per
gallon, liter, or cubic foot, multiplied by the tenant's monthly consumption
or the volumetric rate charged by the retail public utility to the owner
multiplied by the tenant's monthly water consumption;
(2) wastewater utility service: the retail public utility's total monthly charges
for wastewater service (less dwelling unit base charges or customer
service charges, if applicable), divided by the total monthly water
consumption measured by the retail public utility, multiplied by the tenant's
monthly consumption or the volumetric wastewater rate charged by the
retail public utility to the owner multiplied by the tenant's monthly water
consumption;
(3) service charge for manufactured home rental community or the owner
or manager of apartment house: a manufactured home rental community
or apartment house may charge a service charge in an amount not to
exceed 9% of the tenant's charge for submetered water and wastewater
service, except when;
(A) the resident resides in a unit of an apartment house that has received
an allocation of low income housing tax credits under Texas
Government Code, Chapter 2306, Subchapter DD; or
(B) the apartment resident receives tenant-based voucher assistance
under United States Housing Act of 1937 Section 8, (42 United States
Code, §1437f); and
(4) final bill on move-out for submetered service: if a tenant moves out
during a billing period, the owner may calculate a final bill for the tenant
before the owner receives the bill for that period from the retail public utility.
If the owner is billing using the average water or wastewater cost per
gallon, liter, or cubic foot as described in paragraph (1) of this subsection,
the owner may calculate the tenant's bill by calculating the tenant's average
volumetric rate for the last three months and multiplying that average
volumetric rate by the tenant's consumption for the billing period.
(e) Calculations for allocated utility service.
(1) Before an owner may allocate the retail public utility's master meter bill
for water and sewer service to the tenants, the owner shall first deduct:
(A) dwelling unit base charges or customer service charge, if applicable;
and
(B) common area usage such as installed landscape irrigation systems,
pools, and laundry rooms, if any, as follows:
(i) if all common areas are separately metered or submetered, deduct
the actual common area usage;
(ii) if common areas that are served through the master meter that
provides water to the dwelling units are not separately metered or
submetered and there is an installed landscape irrigation system,
deduct at least 25% of the retail public utility's master meter bill;
(iii) if all water used for an installed landscape irrigation system is
metered or submetered and there are other common areas such as
pools or laundry rooms that are not metered or submetered, deduct
at least 5% of the retail public utility's master meter bill; or
(iv) if common areas that are served through the master meter that
provides water to the dwelling units are not separately metered or
submetered and there is no installed landscape irrigation system,
deduct at least 5% of the retail public utility's master meter bill.
(2) To calculate a tenant's bill:
(A) for an apartment house, the owner shall multiply the amount
established in paragraph (1) of this subsection by:
(i) the number of occupants in the tenant's dwelling unit divided by the
total number of occupants in all dwelling units at the beginning of the
month for which bills are being rendered; or
(ii) the number of occupants in the tenant's dwelling unit using a ratio
occupancy formula divided by the total number of occupants in all
dwelling units at the beginning of the retail public utility's billing period
using the same ratio occupancy formula to determine the total. The
ratio occupancy formula will reflect what the owner believes more
accurately represents the water use in units that are occupied by
multiple tenants. The ratio occupancy formula that is used must
assign a fractional portion per tenant of no less than that on the
following scale:
(I) dwelling unit with one occupant = 1;
(II) dwelling unit with two occupants = 1.6;
(III) dwelling unit with three occupants = 2.2; or
(IV) dwelling unit with more than three occupants = 2.2 + 0.4 per
each additional occupant over three; or
(iii) the average number of occupants per bedroom, which shall be
determined by the following occupancy formula. The formula must
calculate the average number of occupants in all dwelling units based
on the number of bedrooms in the dwelling unit according to the scale
below, notwithstanding the actual number of occupants in each of the
dwelling unit's bedrooms or all dwelling units:
(I) dwelling unit with an efficiency = 1;
(II) dwelling unit with one bedroom = 1.6;
(III) dwelling unit with two bedrooms = 2.8;
(IV) dwelling unit with three bedrooms = 4 + 1.2 for each additional
bedroom; or
(iv) a factor using a combination of square footage and occupancy in
which no more than 50% is based on square footage. The square
footage portion must be based on the total square footage living area
of the dwelling unit as a percentage of the total square footage living
area of all dwelling units of the apartment house; or
(v) the individually submetered hot or cold water usage of the tenant's
dwelling unit divided by all submetered hot or cold water usage in all
dwelling units;
(B) a condominium manager shall multiply the amount established in
paragraph (1) of this subsection by any of the factors under
subparagraph (A) of this paragraph or may follow the methods outlined
in the condominium contract;
(C) for a manufactured home rental community, the owner shall multiply
the amount established in paragraph (1) of this subsection by:
(i) any of the factors developed under subparagraph (A) of this
paragraph; or
(ii) the area of the individual rental space divided by the total area of
all rental spaces; and
(D) for a multiple use facility, the owner shall multiply the amount
established in paragraph (1) of this subsection by:
(i) any of the factors developed under subparagraph (A) of this
paragraph; or
(ii) the square footage of the rental space divided by the total square
footage of all rental spaces.
(3) If a tenant moves in or out during a billing period, the owner may
calculate a bill for the tenant. If the tenant moves in during a billing period,
the owner shall prorate the bill by calculating a bill as if the tenant were
there for the whole month and then charging the tenant for only the number
of days the tenant lived in the unit divided by the number of days in the
month multiplied by the calculated bill. If a tenant moves out during a billing
period before the owner receives the bill for that period from the retail public
utility, the owner may calculate a final bill. The owner may calculate the
tenant's bill by calculating the tenant's average bill for the last three months
and multiplying that average bill by the number of days the tenant was in
the unit divided by the number of days in that month.
(f) Conversion to approved allocation method. An owner using an allocation
formula other than those approved in subsection (e) of this section shall
immediately provide notice as required under §24.279(c) of this title (relating
to Rental Agreement) and either:
(1) adopt one of the methods in subsection (e) of this section; or
(2) install submeters and begin billing on a submetered basis; or
(3) discontinue billing for utility services.
§ 24.283. Billing
(a) Monthly billing of total charges. The owner shall bill the tenant each month
for the total charges calculated under §24.281 of this title (relating to Charges
and Calculations). If it is permitted in the rental agreement, an occupant or
occupants who are not residing in the rental unit for a period longer than 30
days may be excluded from the occupancy calculation and from paying a
water and sewer bill for that period.
(b) Rendering bill.
(1) Allocated bills shall be rendered as promptly as possible after the owner
receives the retail public utility bill.
(2) Submeter bills shall be rendered as promptly as possible after the
owner receives the retail public utility bill or according to the time schedule
in the rental agreement if the owner is billing using the retail public utility's
rate.
(c) Submeter reading schedule. Submeters or point-of-use submeters shall
be read within three days of the scheduled reading date of the retail public
utility's master meter or according to the schedule in the rental agreement if
the owner is billing using the retail public utility's rate.
(d) Billing period.
(1) Allocated bills shall be rendered for the same billing period as that of
the retail public utility, generally monthly, unless service is provided for less
than that period.
(2) Submeter bills shall be rendered for the same billing period as that of
the retail public utility, generally monthly, unless service is provided for less
than that period. If the owner uses the retail public utility's actual rate, the
billing period may be an alternate billing period specified in the rental
agreement.
(e) Multi-item bill. If issued on a multi-item bill, charges for submetered or
allocated utility service must be separate and distinct from any other charges
on the bill.
(f) Information on bill. The bill must clearly state that the utility service is
submetered or allocated, as applicable, and must include all of the following:
(1) total amount due for submetered or allocated water;
(2) total amount due for submetered or allocated wastewater;
(3) total amount due for dwelling unit base charge(s) or customer service
charge(s) or both, if applicable;
(4) total amount due for water or wastewater usage, if applicable;
(5) the name of the retail public utility and a statement that the bill is not
from the retail public utility;
(6) name and address of the tenant to whom the bill is applicable;
(7) name of the firm rendering the bill and the name or title, address, and
telephone number of the firm or person to be contacted in case of a billing
dispute; and
(8) name, address, and telephone number of the party to whom payment
is to be made.
(g) Information on submetered service. In addition to the information required
in subsection (f) of this section, a bill for submetered service must include all
of the following:
(1) the total number of gallons, liters, or cubic feet submetered or measured
by point-of-use submeters;
(2) the cost per gallon, liter, or cubic foot for each service provided; and
(3) total amount due for a service charge charged by an owner of a
manufactured home rental community, if applicable.
(h) Due date. The due date on the bill may not be less than 16 days after it is
mailed or hand delivered to the tenant, unless the due date falls on a federal
holiday or weekend, in which case the following work day will be the due date.
The owner shall record the date the bill is mailed or hand delivered. A
payment is delinquent if not received by the due date.
(i) Estimated bill. An estimated bill may be rendered if a master meter,
submeter, or point-of-use submeter has been tampered with, cannot be read,
or is out of order; and in such case, the bill must be distinctly marked as an
estimate and the subsequent bill must reflect an adjustment for actual
charges.
(j) Payment by tenant. Unless utility bills are paid to a third-party billing
company on behalf of the owner, or unless clearly designated by the tenant,
payment must be applied first to rent and then to utilities.
(k) Overbilling and underbilling. If a bill is issued and subsequently found to
be in error, the owner shall calculate a billing adjustment. If the tenant is due
a refund, an adjustment must be calculated for all of that tenant's bills that
included overcharges. If the overbilling or underbilling affects all tenants, an
adjustment must be calculated for all of the tenants' bills. If the tenant was
undercharged, and the cause was not due to submeter or point-of-use
submeter error, the owner may calculate an adjustment for bills issued in the
previous six months. If the total undercharge is $25 or more, the owner shall
offer the tenant a deferred payment plan option, for the same length of time
as that of the underbilling. Adjustments for usage by a previous tenant may
not be back billed to a current tenant.
(l) Disputed bills. In the event of a dispute between a tenant and an owner
regarding any bill, the owner shall investigate the matter and report the results
of the investigation to the tenant in writing. The investigation and report must
be completed within 30 days from the date the tenant gives written notification
of the dispute to the owner.
(m) Late fee. A one-time penalty not to exceed 5% may be applied to
delinquent accounts. If such a penalty is applied, the bill must indicate the
amount due if the late penalty is incurred. No late penalty may be applied
unless agreed to by the tenant in a written lease that states the percentage
amount of such late penalty.
§ 24.285. Complaint Jurisdiction
(a) Jurisdiction. The commission has exclusive jurisdiction for violations under
this subchapter.
(b) Complaints. If an apartment house owner, condominium manager,
manufactured home rental community owner, or other multiple use facility
owner violates a commission rule regarding utility costs, the person claiming
the violation may file a complaint with the commission and may appear
remotely for a hearing.
§ 24.287. Submeters or Point-of-Use Submeters and Plumbing Fixtures
(a) Submeters or point-of-use submeters.
(1) Same type submeters or point-of-use submeters required. All
submeters or point-of-use submeters throughout a property must use the
same unit of measurement, such as gallon, liter, or cubic foot.
(2) Installation by owner. The owner shall be responsible for providing,
installing, and maintaining all submeters or point-of-use submeters
necessary for the measurement of water to tenants and to common areas,
if applicable.
(3) Submeter or point-of-use submeter tests prior to installation. No
submeter or point-of-use submeter may be placed in service unless its
accuracy has been established. If any submeter or point-of-use submeter
is removed from service, it must be properly tested and calibrated before
being placed in service again.
(4) Accuracy requirements for submeters and point-of-use submeters.
Submeters must be calibrated as close as possible to the condition of zero
error and within the accuracy standards established by the American Water
Works Association (AWWA) for water meters. Point-of-use submeters
must be calibrated as closely as possible to the condition of zero error and
within the accuracy standards established by the American Society of
Mechanical Engineers (ASME) for point-of-use and branch-water
submetering systems.
(5) Location of submeters and point-of-use submeters. Submeters and
point-of-use submeters must be installed in accordance with applicable
plumbing codes and AWWA standards for water meters or ASME
standards for point-of-use submeters, and must be readily accessible to
the tenant and to the owner for testing and inspection where such activities
will cause minimum interference and inconvenience to the tenant.
(6) Submeter and point-of-use submeter records. The owner shall maintain
a record on each submeter or point-of-use submeter which includes:
(A) an identifying number;
(B) the installation date (and removal date, if applicable);
(C) date(s) the submeter or point-of-use submeter was calibrated or
tested;
(D) copies of all tests; and
(E) the current location of the submeter or point-of-use submeter.
(7) Submeter or point-of-use submeter test on request of tenant. Upon
receiving a written request from the tenant, the owner shall either:
(A) provide evidence, at no charge to the tenant, that the submeter or
point-of-use submeter was calibrated or tested within the preceding 24
months and determined to be within the accuracy standards established
by the AWWA for water meters or ASME standards for point-of-use
submeters; or
(B) have the submeter or point-of-use submeter removed and tested and
promptly advise the tenant of the test results.
(8) Billing for submeter or point-of-use submeter test.
(A) The owner may not bill the tenant for testing costs if the submeter
fails to meet AWWA accuracy standards for water meters or ASME
standards for point-of-use submeters.
(B) The owner may not bill the tenant for testing costs if there is no
evidence that the submeter or point-of-use submeter was calibrated or
tested within the preceding 24 months.
(C) The owner may bill the tenant for actual testing costs (not to exceed
$25) if the submeter meets AWWA accuracy standards or the point-of-
use submeter meets ASME accuracy standards and evidence as
described in paragraph (7)(A) of this subsection was provided to the
tenant.
(9) Bill adjustment due to submeter or point-of-use submeter error. If a
submeter does not meet AWWA accuracy standards or a point-of-use
submeter does not meet ASME accuracy standards and the tenant was
overbilled, an adjusted bill must be rendered in accordance with §24.283(k)
of this title (relating to Billing). The owner may not charge the tenant for
any underbilling that occurred because the submeter or point-of-use
submeter was in error.
(10) Submeter or point-of-use submeter testing facilities and equipment.
For submeters, an owner shall comply with the AWWA's meter testing
requirements. For point-of-use meters, an owner shall comply with ASME's
meter testing requirements.
(b) Plumbing fixtures. After January 1, 2003, before an owner of an apartment
house, manufactured home rental community, or multiple use facility or a
manager of a condominium may implement a program to bill tenants for
submetered or allocated water service, the owner or manager shall adhere to
the following standards:
(1) Texas Health and Safety Code, §372.002, for sink or lavatory faucets,
faucet aerators, and showerheads;
(2) perform a water leak audit of each dwelling unit or rental unit and each
common area and repair any leaks found; and
(3) not later than the first anniversary of the date an owner of an apartment
house, manufactured home rental community, or multiple use facility or a
manager of a condominium begins to bill for submetered or allocated water
service, the owner or manager shall:
(A) remove any toilets that exceed a maximum flow of 3.5 gallons per
flush; and
(B) install toilets that meet the standards prescribed by Texas Health
and Safety Code, §372.002.
(c) Plumbing fixture not applicable. Subsection (b) of this section does not
apply to a manufactured home rental community owner who does not own
the manufactured homes located on the property of the manufactured home
rental community.
LEASE ADDENDUM FOR SATELLITE DISH OR ANTENNA
Under a Federal Communications Commission (FCC) order, you as our resident have a right to install a transmitting or receiving satellite dish
or antenna on the leased premises, subject to FCC limitations. We as a rental housing owner are allowed to impose reasonable restrictions
relating to such installation. You are required to comply with these restrictions as a condition of installing such equipment. This addendum
contains the restrictions that you and we agree to follow.
1.
2. Number and size. You may install 0 satellite dish(es) or antenna(s) on the leased premises. A satellite dish may not exceed
one meter (3.3 feet) in diameter. Antennas that only transmit signals or that are not covered by 47 CFR §1.4000 are prohibited.
3. Location. Your satellite dish or antenna must be located: (1) inside your dwelling; or (2) in an area outside your dwelling such as a
balcony, patio, yard, etc. of which you have exclusive use under your lease. Installation is not permitted on any parking area, roof, exterior
wall, window, window sill, fence, or common area, or in an area that other residents are allowed to use. A satellite dish or antenna may not
protrude beyond the vertical and horizontal space that is leased to you for your exclusive use.
4. Safety and non-interference. Your installation: (1) must comply with all applicable ordinances and laws and all reasonable safety
standards; (2) may not interfere with our cable, telephone or electrical systems or those of neighboring properties; (3) may not be
connected to our telecommunication systems; and (4) may not be connected to our electrical system except by plugging into a 110-volt
duplex receptacle. If the satellite dish or antenna is placed in a permitted outside area, it must be safely secured by one of three methods:
(1) securely attaching it to a portable, heavy object such as a small slab of concrete; (2) clamping it to a part of the building's exterior that
lies within your leased premises (such as a balcony or patio railing); or (3) any other method approved by us in writing. No other methods
are allowed. We may require reasonable screening of the satellite dish or antenna by plants, etc., so long as it does not impair reception.
5. Signal transmission from exterior dish or antenna to interior of dwelling. Under the FCC order, you may not damage or alter
the leased premises and may not drill holes through outside walls, door jams, windowsills, etc. If your satellite dish or antenna is installed
outside your dwelling (on a balcony, patio, etc.), the signals received by it may be transmitted to the interior of your dwelling only by the
following methods: (1) running a"flaY' cable under a door jam or windowsill in a manner that does not physically alter the premises and
does not intertere with proper operation of the door or window; (2) running a traditional or flat cable through a pre-existing hole in the wall
(that will not need to be enlarged to accommodate the cable); (3) connecting cables "through a window pane," similar to how an external
car antenna for a cellular phone can be connected to inside wiring by a device glued to either side of the window—without drilling a hole
through the window; (4) wireless transmission of the signal from the satellite dish or antenna to a device inside the dwelling; or (5) any
other method approved by us in writing.
6. Safety in installation. In order to assure safety, the strength and type of materials used for installation must be approved by us.
Installation must be done by a qualified person or company approved by us. Our approval will not be unreasonably withheld. An installer
provided by the seller of the satellite dish or antenna is presumed to be qualified.
T. Maintenance. You will have the sole responsibility for maintaining your satellite dish, antenna, and all related equipment.
8. Removal and damages. You must remove the satellite dish or antenna and all related equipment when you move out of the dwelling.
In accordance with the TAA Lease Contract, you must pay for any damages and for the cost of repairs or repainting caused by negligence,
carelessness, accident. or abuse which may be reasonably necessary to restore the leased premises to its condition prior to the installation
of your satellite dish, antenna or related equipment. You will not be responsible for normal wear and tear.
9. Liability insurance and indemnity. You must take full responsibility for the satellite dish, antenna, and related equipment. If the dish
or antenna is installed at a height or in some other way that could result in injury to others if it becomes unattached and falls, you must
provide us with evidence of liability insurance to protect us against claims of personal injury and property damage to others, related to your
satellite dish, antenna, and related equipment. The insurance coverage must be $ 25000 . 00 , which is an amount reasonably
determined by us to accomplish that purpose. Factors affecting the amount of insurance include height of installation above ground level,
potential wind velocities, risk of the dish/antenna becoming unattached and falling on someone, etc. You agree to hold us harmless and
indemnify us against any of the above claims by others.
10. Security deposit. Your security deposit (in your Lease Contract) is increased by an additional reasonable sum of $ 0. 00
0 effective at time of installation or ❑ effective within days of installation to help protect us against possible repair costs,
damages, or failure to remove the satellite dish, antenna and related equipment at time of move-out. Factors affecting any security
deposit may vary, depending on: (1) how the dish or antenna is attached (nails, screws, lag bolts drilled into walls); (2) whether holes
were permitted to be drilled through walls for the cable between the satellite dish and the TV; and (3) the difficulty and cost of repair or
restoration after removal, etc. A security deposit increase does not imply a right to drill into or alter the leased premises.
11. When you may begin installation. You may start installation of your satellite dish, antenna, or related equipment only after you have:
(1) signed this addendum; (2) provided us with written evidence of the liability insurance referred to in paragraph 9 of this addendum;
(3) paid us the additional security deposit, if applicable, in paragraph 10; and (4) received our written approval, which may not be
unreasonably withheld, of the installation materials and the person or company that will do the installation.
12. Miscellaneous. If additional satellite dishes or antennas are desired, an additional lease addendum must be executed.
`
Texas Apartment Association
Blue Moon eSi nature Services Document ID: 444124226
You are entitled to exclusive possession of: (check as applicable)
garage or carport attached to the dwelling;
garage space number(s)
;
carport space number(s)
; and/or
storage unit number(s)
.
The monthly Rent in the lease covers both the dwelling and the checked area(s) above. All terms and conditions of the lease apply to
Garage or carport may be used only for storage of operable motor vehicles unless otherwise stated in our rules
or community policies. Storage units may be used only for storage of personal property. No one may sleep, cook, barbeque, or live
in a garage, carport, or storage unit. Persons not listed as a resident or occupant in the lease may not use the areas covered by this
addendum. No plants may be grown in such areas.
In our sole judgment, items that pose an environmental hazard or a risk to the safety or health of other residents,
occupants, or neighbors, or that violate any government regulation, may not be stored in the areas covered by this addendum. Prohibited
inside a garage unless the garage door is open to allow fumes to escape.
If an enclosed garage is furnished, you will or will not be provided with a garage door opener and/or
garage key. You will be responsible for maintenance of any garage door opener, including battery replacement. Transmitter frequency
settings may not be changed on the garage door or opener without our prior written consent. At the time of termination of the lease, the
total number of garage door opener(s) and/or garage key(s) that you were assigned must be returned to us. Failure to return such opener
and/or key will result in a charge of $ , which will be deducted from your security deposit.
Any area covered by this addendum is accepted by you “as is.” You will maintain
liability and comprehensive insurance coverage for any vehicle parked or stored. We will have no responsibility for loss or damage to
vandalism, pests, mysterious disappearance, or otherwise.
written notice of such opening and entry will be left inside the main entry door of your dwelling or inside the door between the garage and
your dwelling.
may not be rekeyed, added, or changed, and improvements, alterations, or electrical extensions or changes to the interior or exterior of
by us or our representatives to areas covered by this addendum will be paid for by you.
Any items remaining after you have vacated the dwelling will be removed, sold, or otherwise disposed of
according to the lease and our Community Policies. All remedies in the lease apply to areas covered by this addendum. Upon ending of
the initial term, month-to-month period, or any renewal of the lease, your failure to return any garage door opener or other remote control
device will result in a charge against you.
_____________________________________________________
LEASE ADDENDUM FOR WASHING MACHINE AND DRYER
1.
2. Use of Appliances. You (as residents) have permission from us (as owner) to install and use (check all that apply):
x0 a washing machine and/or x❑ a dryer in the dwelling unit described above, subject to the conditions in this addendum.
Please remember that we do not select your washing machine or dryer, install them, maintain them, or use them. You are
in the best position to prevent water, fire, smoke or other damage caused by: (1) a defective washing machine or dryer;
(2) a washing machine or dryer accident; or (3) improper installation, maintenance or use of a washing machine or dryer.
3. Conditions. If your washing machine and/or dryer leaks, floods, causes a fire, causes smoke damage, or otherwise
malfunctions or is misused, it can cause a lot of problems and a lot of damage to your unit and other units, as well as damage
to your personal property and personal property of residents in other units. For these reasons, your right to install and use a
washing machine and/or dryer in your unit is subject to the following conditions. You automatically agree to those conditions
when connecting or using a washing machine and/or dryer in your unit.
4. Installation. You should be especially careful in your choice of a washing machine and/or dryer and in their installation,
maintenance and use—just as if it were in your own home. You and all other residents, occupants, and guests in your
unit must follow manufacturer's instructions for the washing machine and/or dryer's installation, maintenance, and use.
Installation must be done by a professionally qualified person or company approved by us. We recommend that you have it
professionally installed.
5. Responsibility for damage. You agree to assume strict liability for all damage to your unit and to other units and to
personal property in your unit and other units if the washing machine and/or dryer leaks, floods, malfunctions or is misused,
or in any other way causes damage—unless it is caused by us or our management company, or acts of God to the extent they
couldn't be mitigated by your action or inaction. That means you will be responsible for costs of removing water from carpets,
replacing permanently damaged carpets, repainting, and any other repairs or damages to your unit and to other units, as well
as damage to personal property in your unit and other units if, among other things:
• the water or dryer vent hoses break or leak; or
• the water or dryer vent hoses were incorrectly connected or did not have protective washers in the connections; or
• the washing machine and/or dryer was overloaded, causing it to malfunction; or
• the washing machine and/or dryer leaks or malfunctions for any other reason.
• the owner's insurance may not cover such damages, and the owner is under no obligation to have insurance that does
cover such damages.
6. New hoses. When installing the washing machine, you must use new hoses since bursting or leaking hoses are the most
common cause of water damage. Stainless braided water hoses are recommended. Similarly, you should use a new dryer
vent hose when installing your dryer.
T. Inspection. You must not use the washing machine and/or dryer until management has inspected the installation. Such
inspection does not relieve you of liability in the event of water, fire, smoke or other damage from your washing machine and/
or dryer.
8. Maintenance. You will have the sole responsibility for maintaining your washing machine and all related hardware. Such
maintenance must include, but is not limited to, regularly cleaning lint from your dryer's lint trap.
9. Insurance. At all times you must carry renter's insurance that provides insurance coverage for damage to your personal
belongings from accidental water discharge from your washing machine or other causes. Similarly, it must provide coverage
for fire or smoke damage from your washing machine and/or dryer. It must also provide coverage for any potential liability,
due to your fault, for water, fire, smoke or other damage to other units and to personal property of others. You must verify
with your agent that such coverages are included in your policy and must furnish us a copy of the policy upon our request.
Texas Apartment Association
Blue Moon eSi nature Services Document ID: 444124226
LEASE ADDENDUM FOR ALLOCATING SERVICES AND GOVERNMENTAL FEES
1.
2. Reason fox allocation. Apartment owners receive bills for services provided to residents and charges for various
governmental fees. These are direct costs that the apartment community incurs. In order to help control the cost of rent, we
have chosen to allocate the services and governmental fees indicated below through an allocated bill using a standardized
formula to distribute these costs fairly. While we may impose a nominal fee to help recover our costs in administering these
bills, we do not add any other costs to these bills and make no profit off of them.
Sexvices and govexnmental fees allocated
❑ Cable/satellite television
� Stormwater/drainage
❑ Trash removal/recycling
❑ Street repair/maintenance fee
❑ Emergency services fee
❑ Conservation district fee
❑ Inspection fee
We will allocate the following services and governmental fees:
❑ Registration/license fee
❑ Other
❑ Other
❑ Other
❑ Other
❑ Other
❑ Other
4. Your payment due date. Payment of your allocated services and governmental fee bill is due 16 days after the date it is
postmarked or hand delivered to your apartment. You agree to mail or deliver payment to the place indicated on your bill so
that payment is received no later than the due date. You will pay a late charge of $ (not to exceed $3) if we
do not receive timely payment. If you are late in paying the services and governmental fee bill, we may cut off services, as
allowed by law, and we may immediately exercise all other lawful remedies, including eviction—just like late payment of rent.
5. Allocation procedures. Your monthly base rent under the TAA Lease Contract does not include a charge for the services
and governmental fees indicated above. You will pay separately for these charges which are defined under the Lease as
"Additional RenY'. You may receive a separate bill from us each month or we may include these items as separate and
distinct charges as part of a multi-item bill.
You agree to and we will allocate the indicated services and governmental fees for the apartment community based on the
allocation method checked below: (check only one)
❑ A percentage reflecting your apartment uniYs share of the total square footage in the apartment community, i.e., your
uniYs square footage divided by the total square footage in all apartment units.
❑ A percentage reflecting your apartment uniYs share of the total number of people living in the apartment community,
i.e., the number of people living in your apartment divided by the total number of people living in the entire apartment
community for the month. ("People" for this purpose are all residents and occupants listed in leases at the apartment
community as having a right to occupy the respective units).
❑ Half of your allocation will be based on your apartment uniYs share of total square footage and half will be based on your
share of total people living in the apartment community, as described above.
❑ Per dwelling unit
❑ Other formula (see attached page)
6. Penalties and fees. Only the total of the services and governmental fee bills will be allocated. Penalties or interest
for any late payment of these bills by us will be paid for by us and will not be allocated. A nominal administrative fee of
$ per month (not to exceed $3) will be added to your bill for processing, billing and/or collecting.
T. Change of allocation foxmula. The above allocation formula for determining your share of the services and governmental
fee bills cannot be changed except as follows: (1) you receive notice of the new formula at least 35 days before it takes effect;
and (2) you agree to the change in a signed lease renewal or signed mutual agreement.
8. Right to examine records. You may examine ourservice and governmental fee bills from the companies and governmental
entities and our calculations relating to the monthly allocation of these bills during regular weekday office hours. Please give
us reasonable advance notice to gather the data.
'
Texas Apartment Association
Blue Moon eSi nature Services Document ID: 444124226
LEASE ADDENDUM FOR TRASH REMOVAL AND RECYCLING COSTS—FLAT FEE
Texas Apartment Association
Blue Moon eSi nature Services Document ID: 444124226
LEASE ADDENDUM REGARDING SMOKING
2. Smoking, in any form, anywhere inside any of the dwelling units, or inside any buildings within the apartment community, is
strictly prohibited. This is our no-smoking policy; and you agree that any violation of the no-smoking policy is a material and
substantial violation of this addendum and a breach of the TAA Lease Contract.
The prohibition of smoking extends to all residents, their occupants, guests, invitees and all others who are present on or in
any portion of the community. The no-smoking policy and rules extend to, but are not limited to, the leasing offices, building
interiors and hallways, building common areas, dwelling units, club house, exercise or spa facility, indoor tennis courts, all
interior areas of the community, commercial shops, businesses, work areas, and all other spaces whether in the interior of
the community or in the enclosed spaces on community grounds. Smoking is also prohibited by this addendum inside any
dwelling or building, whether leased by you or another.
3. Smoking permitted in designated areas of the apartment community. Smoking is permitted only in specially
designated areas, if any. The permissible smoking areas are marked by signs.
Smoking on balconies, patios, and limited common areas attached to or outside of your dwelling unit:
❑ is permitted
0 is not permitted.
Only the following outside areas may be used for smoking:
Smoking is permitted only in specially designated areas outside the buildings of the apartment community. Smoking must be
at least 2o feet from the buildings in the apartment community, including administrative office buildings. If the previous
field is not completed, smoking is only permitted at least 25 feet from the buildings in the apartment community, including
administrative office buildings. The smoking-permissible areas are marked by signage.
Even though smoking may be permitted in certain limited outside areas, we reserve the right to direct that you and your
occupants, family, guests, and invitees immediately cease smoking in those areas if smoke is entering a dwelling or building
or if it is interfering with the rights, comfort, health, safety or convenience of others in or near the apartment community or
rental premises.
4. Your responsibility for damages and cleaning. You are responsible for payment of all costs and damages to your
dwelling unit, other residents' dwelling units, or any other portion of the community for repair, replacement, or cleaning
and odor removal due to smoking or smoke-related damage caused by you or your occupants, family, guests, or invitees,
regardless of whether such use was a violation of this addendum. You agree that any costs or damages we incur related to
repairs, replacement, cleaning and odor removal due to your smoking or due to your violation of the no-smoking provisions of
the TAA Lease Contract are NOT normal wear and tear. You also agree that smoke-related damage, including but not limited
to smoke odor that permeates sheetrock, carpeting, wood, insulation, or other components of the dwelling unit or building,
shall always be in excess of normal wear and tear in our community and at the rental premises.
5. Your responsibility for loss of rental income and economic damages regarding other residents. You are
responsible for payment of all lost rental income or other economic and financial damages or loss to us due to smoking
or smoke-related damages caused by you or your occupants, family, guests, or invitees which results in or causes other
residents to vacate their dwelling units, results in disruption of other residents' enjoyment of the community, adversely affects
other residents' or occupants' health, safety, or welfare, or causes a qualified applicant to refuse to rent the unit because of
smoke related damages including smoke odors.
6. Definition of smoking. "Smoking" refers to, but is not limited to, any use or possession of a cigar, cigarette, e-cigarette,
hookah, vaporizer, or pipe containing tobacco or a tobacco product while that tobacco or tobacco product is burning, lighted,
vaporized, or ignited, regardless of whether the person using or possessing the product is inhaling or exhaling the smoke
from such product. The term tobacco includes, but is not limited to any form, compound, or synthesis of the plant of the genus
Nicotiana or the species N. tabacum which is cultivated for its leaves to be used in cigarettes, cigars, e-cigarettes, hookahs,
vaporizers, or pipes. Smoking also refers to use or possession of burning, lighted, vaporized, or ignited non-tobacco products
if they are noxious, offensive, unsafe, unhealthy, or irritating to other persons.
T. Lease Contract texmination for violation of this addendum. We have the right to exercise all remedies available
to us for any violation of this addendum, which in turn is a default under the Lease, which include terminating your right of
occupancy and possession. Violation of this addendum is a material and substantial default of the TAA Lease Contract. In
the event we terminate your right of occupancy, you shall remain liable for all rent and other sums due under the TAA Lease
Contract subject to any duty to mitigate.
8. Extent of youx liability for losses due to smoking. Your responsibility for damages, cleaning, deodorizing, loss of
rental income, and other economic damages under this addendum are in addition to, and not instead of your responsibility
for any other damages or loss under the TAA Lease Contract or any other addendum.
Texas Apartment Association
Blue Moon eSi nature Services Document ID: 444124226
9. Yourresponsibilityforconductofoccupants,familymembersandguests.Youareresponsibleforcommunicating
the no- smoking policy and provisions of this addendum to your occupants, family, guests, and invitees and understand that
a failure on their part to comply is the same as non-compliance by you.
10. No warranty of a smoke-fxee envixonment. Although we prohibit smoking in all interior parts of the dwelling units
and community, there is no warranty or guaranty that your dwelling unit, buildings or the community is smoke-free. Smoking
in certain limited outside areas may be allowed as provided in this Addendum. Enforcement of our no-smoking policy is a
joint responsibility that requires your cooperation in reporting incidents or suspected violations of smoking. You must report
violations of our no-smoking policy to us before we are obligated to investigate and take action. You agree to cooperate with
us if it becomes necessary to pursue action for any violations of the no-smoking policy.
This is an important and binding legal document. By signing this addendum you are acknowledging that a violation could
lead to termination of your right of possession or your right to occupy the dwelling unit and premises. If you or someone in
your household is a smoker, you should carefully consider whether you will be able to abide by the terms of this addendum.
Before signing you must advise us whether you or anyone who will be living in your dwelling is a smoker. If you give an
incorrect or false answer, you agree that is a default under the Lease. Provide your answer by checking one of the following
boxes:
� Neither you nor anyone who will be living in the dwelling unit is a smoker and it is agreed no one will ever smoke in the
unit.
❑ Someone who will be living in the dwelling unit is a smoker but it is agreed no one will ever smoke in the unit.
Texas Apartment Association
Blue Moon eSi nature Services Document ID: 444124226
LEASE ADDENDUM ADDRESSING CARRYING FIREARMS ONSITE
2. Texas law. Texas allows qualified people to carry a firearm in the state. However, we may restrict carrying firearms on
our property, with the exception of transporting firearms from a vehicle to an apartment. If we provide notice of our policy
restricting the carrying of firearms, and you do not comply, you will be in violation of the Lease and may be engaging in
criminal trespass.
3. Community firearm carry policy. Whether or not you hold a license under the Texas handgun licensing law, by signing
this addendum, you understand and agree as follows (the specific agreements are indicated by the options that are marked):
❑ Option 1: Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with
a concealed handgun. The only exception is that we allow persons to transport their firearms between their vehicles and
their apartments.
x❑ Option 2: Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with
a handgun that is carried openly. The only exception is that we allow persons to transport their firearms between their
vehicles and their apartments.
❑ Option 3: Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter ❑ the leasing
office or ❑ any common rooms/amenities of this property with a concealed handgun. (If neither is checked, concealed
handguns are prohibited in both).
❑ Option 4: Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter ❑ the leasing
office or 0 any common rooms/amenities of this property with a handgun that is carried openly. (If neither is checked,
openly carried handguns are prohibited in both).
❑ Option 5: Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not enter this property with a firearm,
other than to transport their firearm(s) between their vehicle(s) and their apartment(s), as long as firearms are not in plain
view.
4. General acknowledgment and agreement. By signing this addendum, you acknowledge and agree that:
(a) you and your occupants and guests will adhere to any of our other policies concerning firearms as set forth in the Lease
or any community policies we issue;
(b) you have been provided the apartment community's policy or policies concerning firearms and will follow them;
(c) you will inform all of your occupants or guests what the apartment community's policy or policies concerning firearms are
and that they are subject to the same policy or policies as you;
(d) you understand that a violation of this addendum will be a violation of the Lease and could be considered criminal
trespass under Texas law; and
(e) you will promptly provide written notice to us of any violations of our firearm or other weapons policies that you observe.
5. Assumption of risk/waiver. By signing this addendum and taking possession of the apartment, you acknowledge and
agree that:
(a) we do not guarantee a gun-free environment at the apartment community and we cannot guarantee anyone's safety;
(b) no action or omission by us under this addendum may be considered a waiver of our rights, or of any subsequent violation,
default, or time or place of performance, even if we have actual knowledge of, or have been provided with written notice
of a violation;
(c) our efforts to restrict the carrying of handguns and/or firearms at the apartment community do not in any way enlarge,
restrict or otherwise change the standard of care that we would have to you or any other household in the apartment
community to render any areas in the apartment community any safer, more secure, or improved as compared to any
other rental property;
(d) we disclaim any express or implied warranties that any part of the apartment community will have any higher or improved
safety or security standards than any other rental property;
(e) we cannot and do not warrant or promise that any part of the apartment community is or will be free from handguns,
firearms, or other weapons; and
(fl our ability to effectively monitor or enforce this addendum depends in large part on your and your occupants' and guests'
cooperation and compliance.
'
Texas Apartment Association
Blue Moon eSi nature Services Document ID: 444124226
VIRUS WARNING AND WAIVER ADDENDUM
Blue Moon eSi nature Services Document ID: 444124226
6. If the exterior temperature drops below 32° F you must keep the heat on and set to a minimum of 50° F. You must
must drip all the faucets in your apartment using both the hot and cold water. Leave the faucets dripping until the exterior temperature rises
above 32° F. You must leave your HVAC system on, even if you leave for multiple days, and have it set to auto at all times.
7.
the property is a license granted by us. This permission is expressly conditioned upon your compliance with the terms of the Lease, the
Community Policies, and any signage posted in or around any of the Amenities. We have the right to set the days and hours of use for all
Amenities and to change those or close any of the Amenities based upon our needs. We may make changes to the rules for the use of
the Amenities at any time.
Neither we nor any of our agents, employees, management company, its agents, or its employees shall be liable for any damage
or injury that results from the use of any Amenities by you, your invitees, your licensees, your occupants, or your guests. This
release applies to any and all current, past or future claims or liability of any kind related to your decision to use the Amenities.
8. We do or do not accept packages on behalf of residents.
If we DO accept packages, you give us permission to sign and accept any parcels or letters you receive through UPS, Federal Express,
Airborne, United States Postal Service or other package delivery services. You agree that we are not liable or responsible for any lost,
damaged or unordered deliveries and will hold us harmless.
9. We comply with applicable fair housing laws. In accordance with fair housing laws, we’ll make reasonable
use of the dwelling and common areas. We may require you to sign an addendum regarding the implementation of any accommodations
under applicable law.
10.
LEASE ADDENDUM FOR ALLOCATING STORMWATER/DRAINAGE COSTS
2. Reason for allocation. Governmental entities impose stormwater/drainage fees to help pay for the cost of maintaining
the infrastructure needed to prevent flooding and lessen the impact of pollution on our water system. These fees can be
significant. Our property has chosen to allocate this fee so residents are more aware of the true costs associated with these
fees and so it is not necessary to raise rents to keep pace with these fee increases.
3. Your payment due date. Payment of your allocated stormwater/drainage bill is due 16 days after the date it is postmarked
or hand delivered to your apartment. You agree to mail or deliver payment to the place indicated on your bill so that payment
is received no later than the due date. You will pay a late charge of 5 percent of your stormwater/drainage bill if we do
not receive timely payment. If you are late in paying the stormwater/drainage bill, we may immediately exercise all lawful
remedies under your lease contract, including eviction—just like late payment of rent.
4. Allocation procedures. Your monthly base rent under the TAA Lease Contract does not include a charge for stormwater/
drainage costs. You will pay separately for these monthly recurring fixed charges which are defined under the Lease as
"Additional RenY'. You may receive a separate bill from us each month or we may include these items as separate and distinct
charges as part of a multi-item bill. You agree to and we will allocate the monthly stormwater/drainage bill for the apartment
community based on the allocation method checked below. (check only one)
❑ A percentage reflecting your apartment uniYs share of the total square footage in the apartment community, i.e. your uniYs
square footage divided by the total square footage in all apartment units.
❑ A percentage reflecting your apartment uniYs share of the total number of people living in the apartment community, i.e.
the number of people living in your apartment divided by the total number of people living in the entire apartment commu-
nity for the month. ("People" for this purpose are all residents and occupants listed in leases at the apartment community
as having a right to occupy the respective units).
❑ Half of your allocation will be based on your apartmenYs share of total square footage and half will be based on your share
of total people living in the apartment community, as described above.
x0 Per dwelling unit
❑ Other formula (see attached page)
5. Penalties and fees. Only the total stormwater/drainage bill will be allocated. Penalties or interest for any late payment of
the master stormwater/ drainage bill by us will be paid for by us and will not be allocated. A nominal administrative fee of
$ 2. 21 per month (not to exceed $3) will be added to your bill for processing, billing and/or collecting.
6. Change of allocation formula. The above allocation formula for determining your share of the stormwater/drainage bill
cannot be changed except as follows: (1) you receive notice of the new formula at least 35 days before it takes effect; and
(2) you agree to the change in a signed lease renewal or signed mutual agreement.
T. Right to examine xecords. You may examine our stormwater/drainage bills from the utility company, and our calculations
relating to the monthly allocation of the stormwater/drainage bills during regular weekday office hours. Please give us
reasonable advance notice to gather the data.
Texas Apartment Association
Blue Moon eSi nature Services Document ID: 444124226
M&C Review
CITY COUNCIL AGENDA
Page 1 of 7
Official site of the City of Fort Worth, Texas
P��� ��A��'�
-:��
Create New From This M&C
REFERENCE 19NS 2023-2027
DATE: 8/8/2023 N� : M&C 23-0631 LOG NAME: CONSOLIDATED PLAN AND
2023-2024 ACTION PLAN
CODE: C TYPE: NON- PUBLIC YES
CONSENT HEARING:
SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2023-2027
Consolidated Plan Priorities and Goals and 2023-2024 Annual Action Plan for the Use of
Federal Grant Funds in the Amount of $13,452,621.00 to be Awarded by the United
States Department of Housing and Urban Development from the Community
Development Block Grant, HOME Investment Partnerships Program, Emergency
Solutions Grant, and Housing Opportunities for Persons with AIDS Program, Authorize
Collection and Use of Program Income, Authorize Execution of Related Contracts, Adopt
Appropriation Ordinance, and Authorize Waiver of Indirect Costs
(PUBLIC HEARING - a. Report of City Staff Sharon Burkley; b. Public Comment; c.
Council Action: Close Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that City Council:
1. Conduct a public hearing to allow citizen input and consideration of the City's 2023-2027
Consolidated Plan Priorities and Goals and 2023-2024 Annual Action Plan for use of federal grant
funds to be awarded by the United States Department of Housing and Urban Development in the
amount of $13,552,621.00 from the Community Development Block Grant, HOME Investment
Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with
AIDS grant programs, and for the use of program income from activities using prior years' federal
grant funds;
2, Approve the City's 2023-2027 Consolidated Plan and 2023-2024 Annual Action Plan for
submission to the United States Department of Housing and Urban Development, including
allocations of grant funds to particular programs and activities as detailed below;
3. Authorize an increase in the City's Priority Repair Program contract authority by $500,000.00
annually for a total annual amount of $2,500,000.00 for the next five years (Fiscal Years 2023-
2027) contract authority of $46,858,546.53 to reflect the increased annual funding allocation
from $Z,000,000.00 to $2,500,000.00,
4. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' Community Development Block Grant funds
for the City's Priority Repair Program;
5. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' HOME Investment Partnerships Program grant
funds for the City's Homebuyer Assistance Program, and authorize the use of 10 percent of the
program income for administrative costs;
6. Authorize the City Manager or his designee to execute contracts for one-year terms with the
agencies listed in Tables 1,2, and 3 below for Program Year 2023-2024 for Community
Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons
with AIDS grant funds, contingent upon receipt of funding, and satisfactory completion of all
federal regulatory requirements;
7. Authorize the City Manager or his designees to extend the contracts for up to one year if an
agency or department requests an extension and such extension is necessary for completion of
the program, or to amend the contracts if necessary to achieve program goals provided any
amendment is within the scope of the program and in compliance with City policies and all
applicable laws and regulations governing the use of federal grant funds;
http://apps.cfwnet.org/council�acket/mc review.asp?ID=31258&councildate=8/8/2023 8/17/2023
M&C Review
Page 2 of 7
8. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Operating Federal Fund in the total amount of $13,452,621.00 consisting of
$6,994,785.00 in Community Development Block Grant funds, $3,271,119.00 in HOME
Investment Partnerships Program funds, $610,543.00 in Emergency Solutions Grant funds, and
$2,576,174.00 in Housing Opportunities for Persons with AIDS grant funds, plus estimated
program income in the amount of $100,000.00, all subject to receipt of such funds; and
9. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 28.10\%,
estimated total of $393,106.92.
DISCUSSION:
The City of Fort Worth's (City's) 2023-2027 Consolidated Plan assesses community and affordable
housing needs and sets strategic priorities and goals for use of federal grants funds from the United
States Department of Housing and Urban Development (HUD) for a five-year period. These priorities and
goals are to be addressed with Annual Action Plans that summarize the major housing and community
development activities and proposed expenditures for each of the five years.
These priorities and goals were developed to be consistent with strategies and initiatives previously
adopted by the City Council, as well as through an assessment of community needs. This included
Citywide public meetings conducted by JQuad Planning Group, the consultant contracted to prepare the
Consolidated Plan in collaboration with the Neighborhood Services Department staff. The recommended
Consolidated Plan priorities and goals for use of HUD grant funds over the next five years are
summarized below.
PRIORITY NEED GOAL
Promote Affordable Housing Increase neighborhood stability through homeownership assistance;
for Renters and Owners Fair Housing efforts, and supportive services for renters and owners
Housing Preservation and Preserve and expand the supply of quality affordable housing
Rehabilitation throughout the City
Neighborhood Improvement Enhance neighborhood development and revitalization throughout
and Revitalization the City
Economic Empowerment Support programs and services providing employment training and
and Financial Resilience career readiness programs that promote self-sufficiency and
household stability
Support programs and services to prepare children and youth for
Children and Youth Services success through educational, mentoring, training and related
programs
Support programs and services for older adults to access resources
ging In Place needed to age in their homes, while maintaining both their
independence and quality of life
ccessibility Improvements Improve accessibility in public facilities and housing, including
architectural barrier removal
Homelessness Prevention Provide housing and support services for persons experiencing and
and Special Needs Support at-risk of experiencing homelessness; support efforts to achieve
permanent housing
Healthy Living and Wellness Support programs and services to improve the mental and physical
health of low-to moderate-income Fort Worth families
The City's 2023-2024 Annual Action Plan summarizes the ma�or housing ana community aeveiopment
activities and proposed expenditures for the program year beginning October 1, 2023 and ending
September 30, 2024 for use of federal grant funds totaling $13,452,621.00 from the United States
Department of Housing and Urban Development (HUD) from the Community Development Block Grant
(CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG), and
httn://anns.cfwnet.or�/council pacicethnc review.asp?ID=31258&councildate=8/8/2023 8/17/2023
M&C Review
Page 3 of 7
Housing Opportunities for Persons with AIDS (HOPWA) grant programs. It also summarizes the use of
program income resulting from activities using prior years' CDBG and HOME funds, the primary purpose
of which is to benefit low-and moderate-income persons in Fort Worth. ESG funds primarily benefit
persons experiencing homelessness, and HOPWA funds primarily benefit low-and moderate-income
persons with HIV/AIDS.
A Request for Proposals from social service agencies and nonprofit organizations seeking grant funding
was published on February 1, 2023. All proposals were received on March 15, 2023. Staff reviewed all
proposals and developed recommendations for the allocation of estimated funding from HUD based on
the capacity of applicant organizations, grant experience, fiscal stability, and compliance with applicable
federal regulations. One public hearing was held on April 12, 2023 to provide citizens the opportunity to
participate in the development of the Annual Action Plan. Recommendations for award amounts were
considered and adopted by the Community Development Council on May 10, 2023. These funding
recommendations were presented in City Council Work Session on August 1, 2023.
A 30-day public comment period was held from June 30, 2023 to July 31, 2023. Notice of this public
comment period was published in the Fort Worth Star-Telegram on June 29, 2023; in the Cleburne Times
Review on July 6; in the Weatherford Democrat on July 8; and in La Vida News on July 13.
Any comments received are maintained by the Neighborhood Services Department in accordance with
federal regulations. The City held two public hearings as a part of the HUD required citizen participation
process. The first public hearing was held by staff on July 12, 2023, and the second public hearing is
scheduled for the City Council on August 8, 2023.
A summary of staffs final funding recommendations is provided below in Tables 1,2, and 3. A Powerpoint
presentation listing funding recommendations is also attached. The 2023-2024 Annual Action Plan will be
submitted to HUD by August 15, 2023.
Indirect costs totaling approximately $393,106.92 could be charged to these grants, as the Neighborhood
Services Department indirect cost rate is 28.10\% in the City's most recent Cost Allocation Plan. A waiver
of these costs is requested to allow allocation of these funds to further support the programs and services
to assist low-to-moderate income citizens.
Mayor & Council Communication (M&C) 22-0569 dated August 9, 2022 increased the annual funding
amount of the City's Priority Repair Program (PRP) from $1,100,000.00 to $2,000,000.00. Approval of
this M&C authorizes an additional increase of annual funding from $2,000,000.00 to $2,500,000.00. This
will require an increase in the expenditure authority for the PRP and the contracting authority for PRP
agreements, resulting in an annual increase of $500,000.00. A total five year (Fiscal Years 2023-2027)
contract authority of $46,858,546.53 for PRP is necessary to facilitate the increase in funding from CDBG.
COMMUNITY DEVELOPMENT BLOCK GRANT
For Program Year 2023-2024, it is recommended that the amount of $6,994,785.00 in CDBG funds and
an estimated amount of $50,000.00 in CDBG program income totaling $7,044,785.00 be allocated as
follows:
Public Service Agencies -$1,049,218.00: Includes social services for low- and moderate-income
persons, persons with disabilities, and disadvantaged persons
Housing Programs -$3,910,000.00: Includes funding for the City's Priority Repair Program, Cowtown
Brush-Up, homebuyer and housing services, accessibility modifications for seniors and persons with
disabilities, and related project delivery costs for these programs
Major Projects -$636,610.00: Includes for multifamily rental rehabilitation
Administration -$1,398,957.00: Includes costs for administering the CDBG grant, including allocations
for the Financial Management Services Department
Estimated Program Income -$50,000.00: Includes up to $50,000.00 in funding for the City's Priority
Repair Program. Any CDBG program income over the estimated amount not used for the Priority Repair
Program will be allocated to priority activities in the City's Consolidated Pian, subject to the City Council
approval.
HOME INVESTMENT PARTNERSHIPS PROGRAM
For Program Year 2023-2024, it is recommended that the amount of $3,271,119.00 in HOME funds and
an estimated amount of $50,000.00 in HOME program income totaling $3,321,119.00 be allocated as
follows:
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Homebuyer Assistance Program -$408,339.25: Includes funding for down payment and closing cost
assistance for low- and moderate-income homebuyers
Community Housing Development Organization -$490,667.85: HUD requires that a minimum of 15
percent of HOME funds be allocated to Community Housing Development Organizations (CHDOs) for
affordable housing projects. These funds will be used by Housing Channel for multifamily housing
development in southeast Fort Worth. All housing developed with these funds will be sold to
homebuyers making at or below 80 percent of area median income (AMI), set by HUD.
Community Housing Development Organization Operating -$45,000.00:
Major Projects -$2,000,000.00: Includes funds ($1,000,000.00) allocated to the affordable housing
project to be developed by Fort Worth Housing Solutions (FWHS) as a part of its Choice Neighborhood
Initiative (CNI) grant and funds ($1,000,000.00) allocated to the multifamily housing project, Columbia
Renaissance - Phase III
Administration -$327,111.90: Includes costs for administering the HOME grant
Estimated Program Income -$50,000.00: Includes funding for the Homebuyer Assistance Program and
HOME grant administrative costs. HUD allows the City to use 10 percent of any HOME program income
towards the cost of administering the HOME grant. HOME program income over the estimated amount
not used for the Homebuyer Assistance Program will be allocated to priority activities in the City's
Consolidated Plan, subject to City Council approval.
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
For Program Year 2023-2024, it is recommended that the amount of $2,576,174.00 in HOPWA funds be
allocated as follows:
Public Service Agencies - $1,729,850.00
Neighborhood Services Department - $769,039.00
Administration - $77,285.00
EMERGENCY SOLUTIONS GRANT
For Program Year 2023-2024, it is recommended that the amount of $610,543.00 in ESG funds to be
allocated as follows:
Public Service Agencies - $564,752.00
Administration - $45,791.00
CONTRACT RECOMMENDATIONS
The Community Development Council and Neighborhood Services Department staff recommend that
contracts be executed with the public service and CDBG subrecipient agencies for the amounts shown in
the following tables:
Community Development Block Grant Contracts
TABLE 1: CDBG AGENCIES
CONSOLIDATED PLAN
AGENCY GOAL PROGRAM AMOUNT
B Christian Learning Children and Youth Out of School Time $7g,218.00
Center Services Program
Boys & Girls Clubs of Children and Youth Youth Development ��0,000.00
Greater Tarrant County, Inc. Services at Eastside Branch
Children and Youth 000.00
Camp Fire First Texas Services Teens In Action $50,
Cancer Care Services Healthy Living and Cancer Care $50,000.00
Wellness Services
Easter Seals North Texas, Economic Employment
Inc. Empowerment and Services $60,000.00
Financial Resilience
Giris Incorporated of Tarrant Children and Youth 000.00
County Services Leadership Program $100,
Guardianship Services, Inc. Aging In Place Money Smart+ $100,000.00
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using Channel
Junior Achievement of the
Chisholm Trail, Inc.
Maroon 9 Community
Enrichment Organization
Meals-On-Wheels, Inc. of
Tarrant Countv
NPower Inc.
e Ladder Alliance
he Women's Center of
arrant County, Inc.
Promote Affordable Housing Counseling
Housing for Renters and & Education
Owners
Children and Youth Cradle to Career
Services Initiative
Children and Youth �aroon 9 Teen
Services Enrichment Program
ing In Place
Economic
Empowerment and
Financial Resilience
Economic
Empowerment and
Financial Resilience
Economic
Empowerment and
Financial Resilience
Nutrition Program
Tech Fundamentals
Workforce Training
Program
Tarrant County
Workforce
IDevelopment
Employment
Solutions
United Community Centers, Children and Youth Holistic Educational
Inc. Services Literacy Program
CDBG Public Services Agencies Total
Rehabilitation, Education
and Advocacy for Citizens ccessibility Project Ramp
with Handicaps dba Improvements
REACH, Inc.
Fort Worth Area Habitat for H P f
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$111,000.00
$25,000.
$25,000.0
$75,000.
$25,000.0
'�:� ��� ��
$75,000.0
$125,000.00
1,049,218.0
$165,000.
ousing reserva ion
Humanity, Inc. DBA Trinity and Rehabilitation Cowtown Brush Up �� $455,000.0
Habitat for Humanity
CDBG Subrecipient Agencies Total
TOTAL CDBG CONTRACTS
Housing Opportunities for Persons with AIDS Contracts
TABLE 2: HOPWA AGENCIES
$620,000.00
1,669,218.00
AGENCY PROGRAM AMOUNT
AIDS Outreach Administration, Support Services, Short-Term Rent,
Mortgage, and Utility Assistance (STRMU), Tenant- $429,850.00
Center, Inc. gased Rental Assistance
Tarrant County Administration, Facility-Based Operations, Supportive
Samaritan Housing, Services, Tenant-Based Rental Assistance (TBRA) �1,300,000.00
Inc.
TOTAL HOPWA CONTRACTS $1,729,850.00
Emergency 5olutions vrants
TABLE 3: ESG AGENCIES
AGENCY PROGRAM AMOUNT
The Presbyterian Night Shelter of Tarrant Shelter Operations/Services $116,635.00
County, Inc.
Lighthouse for the Homeless dba True Worth Day Shelter $158,400.00
Place Operations/Services
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�The Salvation Army ��Homelessness Prevention �$150,000.00
Center for Transforming Lives Rapid Re-Housing $75,901.00
SafeHaven of Tarrant County Shelter Operations/Services $63,816.00
TOTAL ESG CONTRACTS $564,752.00
All figures have been rounded to the nearest dollar for presentation purposes. These programs are
available in ALL COUNCIL DISTRICTS.
Each of these grants is an entitlement grant rather than a competitive grant received from the United
States Department of Housing and Urban Development (HUD). Entitlement grants provide funds to
agencies based on a formula, prescribed in legislation or regulation, rather than based on review. These
specific grants are allocated to the City of Fort Worth based on population size and per capita income
each year. The grants have been consistently awarded to the City since 1974 with the inception of the
Community Development Block Grant (CDBG) through the Housing and Community Development Act of
1974. The Emergency Shelter (renamed Solutions) Grant (ESG) was authorized in 1987 through the
McKinney-Vento Homelessness Assistance Act. The HOME Investment Partnerships Program (HOME)
and the Housing Opportunities for Persons with AIDS (HOPWA) Program were authorized in 1990
through the Cranston-Gonzales National Affordable Housing Act of 1990. With these grants,
administrative and program delivery allocations support approximately 72 FTE positions in the
Neighborhood Services Department, which is funded nearly 70\% with various grants including these
entitlement grants.
Positions funded with HUD Entitlement grants are subject to grant availability. In the event of a grant
award being decreased or eliminated, Neighborhood Services Department would review programs and
services funded by the grants and determine a level of service and stafFing that aligns with the available
funding. Alternatives to consider may include staff and program reductions or eliminations.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current operating budget, as appropriated,
of the Grants Operating Federal Fund. The Neighborhood Services Department (and Financial
Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to
an expenditure being incurred, the Neighborhood Services Department has the responsibility to validate
the availability of funds. This is a reimbursement grant.
TO
Fund Department
ID
FROM
Fund Department
ID
Account
Account
Project I Program Activ
ID
Project Program Activity
ID
Submitted for City Manaqer's Office by:
Oriqinatinq Department Head:
Additional Information Contact:
ATTACHMENTS
Budget Reference # I Amount
Year (Chartfield 2)
Budget Reference # Amount
Year (Chartfield 2)
Fernando Costa (6122)
Victor Turner (8187)
Sharon Burkley (5785)
Rhonda Hinz (2573)
19NS ACTION PLAN 2023 Aqency Form 1295 Forms.pdf (CFW Internal)
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M&C Review
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Action Plan SOS Filinqs.pdf (Public)
ConPlan July 12 Public Hearin .q pdf (Public)
FWCP Citv Council NQRC Committee Power Point Interim Report Community Enqaqement Report June 2,
2023.pptx (CFW Internal)
IR Consolidated Plan Action Plan 080123.docx (Public)
ORD APP 19NS 2023-2027 CONSOLIDATED PLAN AND 2023-2024 ACTION PLAN 21001 A023(r7).docx
(Public)
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