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HomeMy WebLinkAboutContract 61878CSC No. 61878 RENTAL ASSISTANCE LANDLORD AGREEMENT BETWEEN THE CITY OF FORT WORTH AND ARBROOK PARK GARDENS, LP This RENTAL ASSISTANCE LANDLORD AGREEMENT ("Agreement") is made and entered into between the CITY OF FORT WORTH ("City"), and Arbrook Park Gardens, LP ("Landlord"), each individually referred to as a "party" and collectively referred to as the "parties." WHEREAS, the City provides rental assistance in the form of monetary payment for a defined portion of rent due paid directly to the landlord or management company of the property so long as the landlord or property management agree to certain terms; and WHEREAS, in the event the City determines the Tenant named below is eligible for a utility reimbursement payable to their landlord under the Utility Allowance Schedule established by either the Tarrant County Housing Assistance Office or Fort Worth Housing Solutions, City will also provide assistance in the form of monetary payment for a defined portion of utilities to the landlord or management company of the property; and WHEREAS, ("Tenant") is a participant in the City's rental assistance program; and WHEREAS, the City requires that landlords must enter into this Agreement in order to receive the City's payment of the defined portion of Tenant's rent; and WHEREAS, Agreement Documents shall consist of this Landlord Services Agreement and Exhibit A — Copy of Tenant Lease, attached hereto and incorporated herein. In the event of any conflict between the terms and conditions of Exhibit A and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. It is understood that City is not bound by any portion of Exhibit A and is only bound by the duties and obligation set forth in this Landlord Services Agreement. NOW THEREFORE the Parties in exchange for the benefit received from the other Party's performance, agree to the following terms and conditions: 1. PROPERTY INFORMATION Tenant has entered into an agreement with Landlord to rent a 2-bedroom ("Lease"). The unit is located at ("Unit"), as more fully described in Exhibit A. 2. TERM. This Agreement shall begin on July 12, 2024 and shall expire on September 11, 2025, unless terminated earlier in accordance with this Agreement ("Initial Term"). The Parties shall have the option to renew this Agreement by written agreement for additional one-year terms following City review and approval of request by both Tenant and Landlord under the same terms OFFICIAL RECORD Rental Assistance Landlord Agreement ICITY SECRETARY Page 1 of 13 FT. WORTH, TX and conditions, provided however that the rental rate and any amounts payable by City shall be provided to the City in writing for the new term at least 30 days prior to the effective date of the renewal term. COMPENSATION. 3.1 Security Deposit The Tenant shall pay a security deposit for the Unit to the Landlord in accordance with the Tenant's lease, attached hereto as Exhibit A. The Landlord will hold this security deposit during the period the Tenant occupies the dwelling unit under the Lease. The Landlord shall comply with state and local laws regarding interest payments on security deposits. After the Tenant has moved from the dwelling unit, the Landlord may, subject to state and local law, use the security deposit, including any interest on the deposit, as reimbursement for rent or any other amounts payable by the Tenant under the Lease. The Landlord will give the Tenant a written list of all items charged against the security deposit and the amount of each item. After deducting the amount used as reimbursement to the Landlord, the Landlord shall promptly refund the full amount of the balance to the Tenant. The named Tenant may be eligible for security deposit payment assistance payable to Landlord. In the event that the City pays the security deposit for the Unit on behalf of the Tenant under a federally funded program (including the Permanent Housing Placement Program), after deducting the amount used as reimbursement to the Landlord, the Landlord will promptly refund the full amount of the,balance to the City in accordance with HUD regulations. This does not limit Landlord's right to withhold any portion of the deposit that would normally be withheld at termination under the terms of the underlying lease. Based upon the City's review, City will pay a $500.00 security deposit, to be paid directly to the Landlord. The Landlord shall immediately notify the City when the Tenant has moved from the Unit. 3.2 Rent and Amounts Payable by City 3.2.1 Rent. The City has been notified that the Tenant's Total Rent during the Initial Term is $1,420.00 per month for the Unit. Prorated rent from July 12, 2024 to July 31, 2024 will be $943.48; prorated rent from September 1, 2025 to September 11, 2025 will be $734.72. The Tenant, during the Initial Term, shall be responsible for $0.00 of rent per month for the Unit. During the Initial Term, from July 12, 2024 to July 31, 2024 City will pay $943.48 for prorated rent. Beginning August 1, 2024 to August 31, 2025, City will pay $1,420.00 toward the Tenant's Total Rent. From September 1, 2025 to September 11, 2025, City will pay $734.72 of prorated rent. Neither City nor HUD assumes any obligation for the Tenant's Portion of the rent, or for payment of any claim by Landlord against Tenant. The City's sole obligation is limited to paying the City Portion of the Rent in accordance with this Agreement. Tenant shall be liable for rent, payments, and other fees associated with the Unit and City shall not be obligated by law or in equity for any amount other than the City Portion. Rental Assistance Landlord Agreement Page 2 of 13 3.2.2 Utilities. The named Tenant may be eligible for a utility reimbursement payable to Landlord. The amount of the allowance has been calculated utilizing the Utility Allowance Schedule established by the Tarrant County Housing Assistance Office/Fort Worth Housing Solutions. Based upon the City's review, during the Initial Term, City will pay no more than $49.11 for July 12, 2024 through July 31, 2024 for utility reimbursement. Beginning August 1, 2024 to August 31, 2025, City will pay no more than $76.13 utility reimbursement per month toward the Tenant's utility payments. From September 1, 2025 to September 11, 2025, City will pay no more than $27.91 towards utility reimbursement. 3.2.3 Payment Conditions. The right of the Landlord to receive payments under this Agreement shall be subject to compliance with all of the provisions of the Agreement. The Landlord's signature on this agreement shall be a certification that: 1. The Unit is in decent, safe and sanitary condition, and that the Landlord is providing the services, maintenance and utilities agreed to in the Lease. 2. The Unit is leased to and occupied by the Tenant named above in this Agreement. 3. The Landlord has not received and will not receive any payments as rent for the Unit other than those identified in this Agreement. 4. To the best of the Landlord's knowledge, the unit is used solely as the Tenant's principal place of residence. 3.2.4 Method of Payment. Payments made electronically (i.e.- the City's Automated Clearing House network) provide more protection against theft and fraud and can be processed more quickly by the City. If Landlord registers to be paid under this Agreement electronically, City payments will generally be made on or about the first day of the month for which the payment is due. Payments for the first month of the initial term, and any subsequent renewals, 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. In the event that the lease is provided to the City after the payment date, then 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 the lease is received by City. 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. Rental Assistance Landlord Agreement Page 3 of 13 4. TERMINATION. 4.1. Termination of Tenancy: The Landlord may terminate its lease with the Tenant only as authorized by and through and following applicable state and local laws. The Landlord must give the Tenant at least 30 days' written notice of the termination and notify the City in writing within two business days of notifying the Tenant. This may be done by providing City with a copy of the required notice to the tenant. This Agreement shall automatically terminate on the date the tenant's lease terminates. 4.2 Termination of Landlord Services Agreement 4.2.1 Written Notice. The City may terminate this Agreement immediately in writing in the event that Landlord breaches this Agreement. City may also terminate this Agreement at any time and fpr any reason by providing Landlord with 30 days' written notice of termination. 4.2.2 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Landlord of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 _ Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Landlord the City Portion of the Total Rent for the months the Tenant actually occupied the Unit and the Landlord complied with all of the terms and conditions of this Agreement prior to the date of expiration or termination. City shall not be obligated for any additional fees or expenses of any kind. If City has paid any portion of the City Portion for a month that is after the effective date of termination of this Agreement, Landlord shall refund that portion within thirty days of the effective date of termination by check made out to the City of Fort Worth Neighborhood Services Department In the event of any dispute arising out of this Agreement, the only remedy Landlord may assert for anv claim, no matter the kind or character, arising out of this Agreement is for the City Portion of the Tenant's Total Rent for the months that Tenant occupied the unit and this Agreement was in effect. HOUSING OUALITY STANDARDS AND LANDLORD -PROVIDED SERVICES 5.1 The Landlord agrees to maintain and operate the Unit and related facilities to provide decent, safe and sanitary housing in accordance with 24 CFR Section 882.109, including all of the services, maintenance and utilities agreed to in the Lease. 5.2 The City shall have the right to inspect the Unit and related facilities at least annually, and at such other times as may be necessary to assure that the Unit is in decent, safe, and sanitary condition, and is in compliance with applicable local codes, and that required maintenance, services and utilities are provided. 5.3 If the City determines that the Landlord is not meeting these obligations, the City shall have the right, even if the Tenant continues in occupancy, to terminate payment of the City's Portion of the Total Rent and/or terminate the Agreement without any cost or expense of any kind whatsoever to City. Rental Assistance Landlord Agreement Page 4 of 13 6. FAIR HOUSING REOUIREMENT 6.1 Nondiscrimination. The Landlord shall not, in the provision of services or in any other manner, discriminate against any person on the grounds of age, race, color, creed, religion, sex, handicap, national origin, or familial status. The obligation of the Landlord to comply with Fair Housing and Civil Rights Requirements inures to the benefit of the United States of America, the Department of Housing and Urban Development, and the City, any of which shall be entitled to involve any of the remedies available by law to redress any breach or to compel compliance by the Landlord. 6.2 Cooperation in Compliance Reviews. The Landlord shall comply with the City and with HUD in conducting Fair Housing and Civil Rights and other applicable compliance reviews and complaint investigations pursuant to all applicable Fair Housing Law, civil rights statutes, Executive Orders and all related rules and regulations. 6.3 Landlord, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Landlord's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law, including City ordinances. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY LANDLORD, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, LANDLORD AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 7. RIGHTS OF CITY IF LANDLORD BREACHES THE AGREEMENT 7.1 Any of the following shall constitute a breach of the Agreement: (1) If the Landlord has violated any obligation under this Agreement; or (2) If the Landlord has demonstrated any intention to violate any obligation under this Agreement; or (3) If the Landlord has committed any fraud or made any false statement in connection with the Agreement, or has committed fraud or made any false statement in connection with any Federal housing assistance program. 7.2 The City shall notify the Landlord in writing of its determination that a breach has occurred, including a brief statement of the reasons for the determination. The notice to the landlord may, at the City's sole discretion, allow the Landlord a defined time period in which the Landlord may take corrective action to remedy the breach. 7.3 The City's right and remedies for breach of this Agreement shall not be limited by any provision of this Agreement and City shall be able to seek all remedies available under any applicable laws. 8. NO THIRD PARTY BENEFICIARIES Rental Assistance Landlord Agreement Page 5 of 13 8.1 The City does not assume any responsibility for, or liability to, any person injured as a result of the Landlord's action or failure to act in connection with the implementation of this Agreement, or as a result of any other action or failure to act by the Landlord. 8.2 The Landlord is not the agent of the City and this Agreement does not create or affect any relationship between the City and any lender to the Landlord, or any suppliers, employees, contractors or subcontractors used by the Landlord in connection with this Agreement. 8.3 Nothing in this Agreement shall be construed as creating any right of the Tenant or a third party (other than HUD) to enforce any provision of this Agreement or to assess any claim against HUD, the City or the Landlord under this Agreement. 9. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION., 9.1 Disclosure of Conflicts. Landlord hereby warrants to City that Landlord has made full disclosure in writing of any existing or potential conflicts of interest related to Landlord's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Landlord hereby agrees immediately to make full disclosure to City in writing. 9.2 Confidential Information. Landlord, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. 9.3 Unauthorized Access. Landlord shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Landlord shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Landlord shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 10. RIGHT TO AUDIT. Landlord agrees that City or HUD shall, until the expiration of five (5) years after final payment under this Agreement, including any renewal terms, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Landlord involving transactions relating to this Agreement as HUD or the City may reasonably require at no additional cost to City or HUD. Landlord agrees that City or HUD shall have access during normal working hours to all necessary Landlord facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City or HUD shall give Landlord reasonable advance notice of intended audits. This section shall survive the expiration or termination of this Agreement. 11. INDEPENDENT CONTRACTOR. Rental Assistance Landlord Agreement Page 6 of 13 It is expressly understood and agreed that Landlord shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Landlord shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and subcontractor. Landlord acknowledges that the doctrine of respondent superior shall not apply as between City, its officers, agents, servants and employees, and Landlord, its officers, agents, employees, servants, Landlords and subcontractors. Landlord further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Landlord. It is further understood that City shall in no way be considered a Co -employer or a Joint employer of Landlord or any officers, agents, servants, employees or subcontractor of Landlord. Neither Landlord, nor any officers, agents, servants, employees or subcontractor of Landlord shall be entitled to any employment benefits from City. Landlord shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subcontractor. 12. LIABILITY AND INDEMNIFICATION. 12.1 LIABILITY - LANDLORD SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF LANDLORD, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 12.2 GENERAL INDEMNIFICATION - LANDLORD HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO LANDLORD'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CA USED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF LANDLORD, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. LANDLORD ACKNOWLEDGES AND AGREES THAT CITY SHALL HAVE NO LIABILITY OR RESPONSIBLITY FOR ANY DAMAGES OF ANY KIND OR CHARACTER TO THE UNIT RENTED TO THE TENANT OR ANY OTHER PROPERTY OWNED BY LANDLORD. Section 12 shall survive the expiration or termination of this Agreement. 13. ASSIGNMENT AND SUBCONTRACTING. Rental Assistance Landlord Agreement Page 7 of 13 13.1 Assignment. Landlord shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Landlord under which the assignee agrees to be bound by the duties and obligations of Landlord under this Agreement. Landlord and Assignee shall be jointly liable for all obligations of Landlord under this Agreement prior to the effective date of the assignment. 13.2 Subcontract. If City grants consent to a subcontract, sub Landlord shall execute a written agreement with Landlord referencing this Agreement under which sub Landlord shall agree to be bound by the duties and obligations of Landlord under this Agreement as such duties and obligations may apply. Landlord shall provide City with a fully executed copy of any such subcontract. 14. COMPLIANCE WITH LAWS. ORDINANCES. RULES AND REGULATIONS. Landlord agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work performed at the Unit in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Landlord of any violation of such laws, ordinances, rules or regulations, Landlord shall immediately desist from and correct the violation. 15. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To LANDLORD: City of Fort Worth Arbrook Park Gardens, LP Attn: Fernando Costa, Assistant City Manager 1401 Nandina Dr. 100 Fort Worth Trail Arlington, TX 76014 Fort Worth, TX 76102-6314 Phone: 817-203-1136 Facsimile: (817) 392-8654 With copy to Fort Worth Neighborhood Services Department, Attention: Compliance Division at same address 16. GOVERNMENTAL POWERS. Rental Assistance Landlord Agreement Page 8 of 13 It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 17. NO WAIVER. The failure of City or Landlord to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Landlord's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 18. GOVERNING LAW / VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or, the United States District Court for the Northern District of Texas, Fort Worth Division. 19. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 20. FORCE MAJEURE. City and Landlord shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 21. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 22. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibit A. 23. AMENDMENTS/ MODIFICATIONS/ EXTENSIONS. No amendment, modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. Rental Assistance Landlord Agreement Page 9 of 13 24. ENTIRETY OF AGREEMENT. This Agreement, including Exhibit A, contains the entire understanding and agreement between City and Landlord, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 25. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as an original. 26. SIGNATURE AUTHORITY AND WARRANTY. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. By signing this Agreement, Landlord warrants that the Unit is in decent, safe, and sanitary condition as defined in 24 CFR Section 882.109, and that the Landlord has the legal right to lease the Unit during the term. 27. CHANGE IN COMPANY NAME OR OWNERSHIP Landlord shall notify City's Neighborhood Services Department, Compliance Division and City of Fort Worth Financial Management Services Department, Purchasing Division,, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Landlord or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 28. CONFIDENTIAL INFORMATION Landlord acknowledges that CITY is a governmental entity and is subject to the Texas Public Information Act ("Act"). By executing this agreement, Landlord acknowledges that this agreement will be publicly available on the CITY's website, and Landlord is therefore waiving any claim of confidentiality, whether based in statute or the common law, to any and all materials contained as part of this agreement including all documents and information referenced herein or attached hereto. 29. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Rental Assistance Landlord Agreement Page 10 of 13 If Landlord has less than ten employees, this contract is for less than $100,000, or Landlord does not meet the definition of a "company" under the applicable section of the Texas Government Code, this provision shall not apply. Landlord acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Landlord certifies that Landlord's signature provides written verification to the City that Landlord: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 30. PROHIBITION ON BOYCOTTING ENERGY COMPANIES Landlord acknowledges that in accordance with Chapter 2276 of the Texas Government Code, City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Landlord certifies that Landlord's signature provides written verification to City that Landlord: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 31. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES Landlord acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Landlord certifies that Landlord's signature provides written verification to City that Landlord: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. (signature page follows) Rental Assistance Landlord Agreement , Page 11 of 13 ACCEPTED AND AGREED: CITY OF FORT WORTH: By: Name: Fernando Costa Title: Assistant City Manager Date: Aug 3, 2024 CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. APPROVAL RECOMMENDED: il By: Tamara Jo es(Ju 31.202413:06 CDT) Name: Tamara Jones Title: Neighborhood Program By: Coordinator Name: Kacey Bess Title: Interim Neighborhood Services APPROVED AS TO FORM AND Director LEGALITY: ,d'044pnIl� ATTEST: P of FORT°a� O9• ago o=c° ,p �anti �'EXASoO'� �µ�.�. %4 .h1A-Smxu Ilbnaaaoo By: U Name: Jannette Goodall Title: City Secretary LANDLORD: By: :a!;ncla Valencia (Jul 31, 202412:59 COT) Name: Patricia Valencia Title: Authorize Representative Date: Jul 31, 2024 By: W Name: Jessika Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0631 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Rental Assistance Landlord Agreement Page 12 of 13 EXHIBIT A Cony of Tenant's Lease Rental Assistance Landlord Agreement Page 13 of 13 FLOOD DISCLOSURE NOTICE In accordance with Texas law, we are providing the following flood disclosure: • We O are or M are not aware that the unit you are renting is located in a 100-year floodplain. If neither box is checked, you should assume the unit is in a 100-year floodplain. Even if the unit is not in a 100-year floodplain, the unit may still be susceptible to flooding. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a unit is located in a flood hazard area. Most renter's insurance policies do not cover damages or loss incurred in a flood. You should seek insurance coverage that would cover losses caused by a flood. • We O are or M are not aware that the unit you are renting has flooded (per the statutory definition below) at least once within the last five years. As defined in Texas Property Code 92.0135(a)(2), "flooding" means "a general or temporary condition of a partial or complete inundation of a dwelling caused by: (A) the overflow of inland or tidal waters; (B) the unusual and rapid accumulation of runoff or surface waters from any established water source such as a river, stream, or drainage ditch; or (C) excessive rainfall." Signatures of All Residents Signature of Owner or Owner's Representative 07/18/2024 Date Texas Apartment Association IV( Blue Moon eSlgnature Services Document ID: 447222007 � :iu "�L TEX119APAKi1MWrA88OCIIIArnION Federally Required Lead Hazard Information and Disclosure Addendum IMPORTANT NOTICE TO RESIDENTS: The following Information is taken from a brochure entitled"Protect Your Family from Lead In Your Home" prepared by the U.S. Environmental Protection Agency, the U.S. Consumer Product Safety Commission and the U.S. Department of Housing and Urban Development. While the information must be distributed to residents before they become obligated under the lease for most types of housing built before 1978, it does not mean that the dwelling contains lead -based paint (LBP). The brochure was written in general terms and applies to both home purchasers and renters. The information outlines action that can be taken to test for, remove or abate LBP In a dwelling.The TAA Lease Contract ("Lease") specifically prohibits a resident from performing this type of work —only the dwelling owner may do so under the Lease. If you have any questions about the presence of LBP in your dwelling, please contact the owner or management company before taking any action to test, abate or remove LBP. NOTE: Page references in the content of this form are to pages In the EPA brochure. Ma h N0 l Protect Your Family From Lead in Your Home A United States 111-EPA Environmental Protection Agency ®United States Consumer Product Safety Commisslon a'•""" °s United States lullll9+f Department of Housing "u"�E,t" and Urban Development Simple Steps to Protect Your Family from Lead Hazards If you thinkyour home has lead -based paint: . Don't try to remove lead -based paint yourself. • Always keep painted surfaces In good condition to minimize deterioration. • Get your home checked for lead hazards. Find a certified Inspector or risk assessor at epa.gov/lead. • Talk to your landlord about fixing surfaces with peeling or chipping paint. Regularly clean floors, window sills, and other surfaces. Take precautions to avoid exposure to lead dust when remodeling. When renovating, repairing, or painting, hire only EPA- or state - approved Lead -Safe certified renovation firms. Before buying, renting, or renovating your home, have it checked for lead -based paint. Consult your health care provider about testing your children for lead. Your pediatrician can check for lead with a simple blood test. Wash children's hands, bottles, pacifiers, and toys often. Make sure children eat healthy, low -fat foods high In Iron, calcium, and vitamin C. Remove shoes or wipe soll off shoes before entering your house. Are You Planning to Buy or Rent a Home Built Before 1978? Did you know that many homes built before 1978 have lead -based paint? Lead from paint, chips, and dust can pose serious health hazards. Read this entire brochure to learn: • How lead gets Into the body • How lead affects health • What you can do to protect your family • Where to go for more Information Before renting or buying a pre-1978 home or apartment, federal law requires: • Sellers must disclose known Information on lead -based palnt or lead - based paint hazards before selling a house. • Real estate sales contracts must Include a specific warning statement about lead -based paint. Buyers have up to 10 days to check for lead. • Landlords must disclose known Information on lead -based paint or lead -based paint hazards before leases take effect. Leases must Include a specific warning statement about lead -based paint. If undertaking renovations, repairs, or painting (RRP) projects In your pre-1978 home or apartment: • Read EPA'spamphlet, The Lead -Safe Certified Guide toRenovate Right, to learn about the lead -safe work practices that contractors are required to follow when working In your home (see page 12). Lead Gets into the Body in Many Ways Adults and children can get lead Into their bodies If they: • Breathe In lead dust (especially during activities such as renovations, repairs, or painting that disturb painted surfaces). • Swallow lead dust that has settled on food, food preparation surfaces, and other places. Eat paint chips or soll that contains lead. Lead Is especially dangerous to children under the age of 6. At this age, children's brains and nervous systems are more sensitive to the damaging effects of lead. Children's growing bodies absorb more lead. Babies and young children often put their hands and other objects In their mouths. These objects can have lead dust on them. Women of childbearing age should know that lead Is dangerous to a developing fetus. • Women with a high lead level In their system before or during pregnancy risk exposing the fetus to lead through the placenta during fetal development. 0 TExAs APARTMENT ASSOCIATION, INC., 2021 Iv 1 Blue Moon eSIgnature Services Document ID: 447222007 1 PAGE 1 OF S Health Effects of Lead Lead affects the body In many ways. It Is Important to know that even exposure to low levels of lead can severely harm children. In children, exposure to lead can cause: Haring Nervous system and kidney damage P,aa Learning disabilities, attention -deficit disorder, and decreased Intelligence Slowed \uvnn Speech, language, and behavior problems �)• Poor muscle coordination Decreased muscle and bone growth Hearing damage ftbl—, n While low -lead exposure Is most common, RPM m t- exposure to high amounts of lead can have jml,) devastating effects on children, Including seizures, unconsciousness, and in some cases, death. Although children are especially susceptible to lead exposure, lead can be dangerous for adults, too. In adults, exposure to lead can cause: Harm to a developing fetus Increased chance of high blood pressure during pregnancy Fertility problems (In men and women) High blood pressure Digestive problems Nerve disorders Memory and concentration problems Muscle and Joint pain Where Lead -Based Paint Is Found In general, the older your home or chlldcare facility, the more likely It has lead -based paint' Many homes, Including private, federally -assisted, federally - owned housing, and childcare facilities built before 1978 have lead -based paint. In 1978, the federal government banned consumer uses oflead-contalning paint? Learn how to determine If paint Is lead -based paint on page 7. Lead can be found: In homes and childcare facilities In the city, country, or suburbs, In private and public single-family homes and apartments, On surfaces inside and outside of the house, and In soil around a home. (Soil can pick up lead from exterior paint or other sources, such as past use of leaded gas In cars.) Learn more about where lead Is found at epa.govAead. Check Your Family for Lead Get your children and home tested If you think your home has lead. Children's blood lead levels tend to Increase rapidly from 6 to 12 months of age, and tend to peak at 18 to 24 months of age. Consult your doctor for advice on testing your children. A simple blood test can detect lead. Blood lead tests are usually recommended for: Children at ages 1 and 2 Children or other family members who have been exposed to high levels of lead Children who should be tested under your state or local health screening plan Your doctor can explain what the test results mean and if more testing will be needed. Identifying Lead -Based Paint and Lead -Based Paint Hazards Deteriorated lead -based paint (peeling, chipping, chalking, cracking, or damaged paint) Is a hazard and needs Immediate attention. Lead -based paint may also be a hazard when found on surfaces that children can chew or that get a lot of wear and tear, such as: On windows and window sills Doors and door frames Stairs, railings, banisters, and porches Lead -based paint is usually not hazard if it is in good condition and If It Is not on an Impact or friction surface like a window. Lead dust can form when lead -based paint Is scraped, sanded, or heated. Lead dust also forms when painted surfaces containing lead bump or rub together. Lead paint chips and dust can get on surfaces and objects that people touch. Settled lead dust can reenter the air when the home Is vacuumed or swept, or when people walk through It. EPA currently defines the following levels of lead In dust as hazardous: • 10 micrograms per square foot (pg/ft=) and higher for floors, Including carpeted Floors • 100 pg/fN and higher for Interior window sills Lead In soil can be a hazard when children play In bare soil or when people bring soil Into the house on their shoes. EPA currently defines the following levels of lead In soil as hazardous: 400 parts per million (ppm) and higher In play areas of bare soil • 1,200 ppm (average) and higher In bare soil In the remainder of the yard '•lead -based palnt•Is currently defined by the federal government as paint with Remember, lead from paint chips —which you can see —and lead lead levels greater than orequal to 1.0 mllllgram per square centimeter(mg/cm'), or dust —which you may not be able to see —both can be hazards. more than 0.5%by weight. 'Lead-contalning palnt•Is currently defined by the federal government as lead In new The only way to find out if paint, dust, or soil lead hazards exist is to dried paint In excess of 90 parts per million (ppm) by weight test for them.The next page describes how to do this. 5 6 0 TE%As APAI TMENT ASSOCIATION, INC., 2021 IV( Blue Moon eSlanature Services Document ID: 447222007 PAGE 2 OF 5 Checking Your Home for Lead You can get your home tested for lead in several different ways: A lead -based paint inspection tells you If your home has lead - based paint and where It Is located. It won't tell you whether your home currently has lead hazards. A trained and certified testing professional, called a lead -based paint Inspector, will conduct a paint Inspection using methods, such as: • Portable x-ray fluorescence (XRF) machine Lab tests of paint samples A risk assessment tells you If your home currently has any lead hazards from lead in paint, dust, or soil. It also tells you what actions to take to address any hazards. A trained and certified testing professional, called a risk assessor, will: Sample paint that Is deteriorated on doors, windows, floors, stairs, and walls Sample dust near painted surfaces and sample bare soil In the yard Get lab tests of paint, dust, and soil samples • A combination inspection and risk assessment tells you ifyour home has any lead -based paint and ifyour home has any lead hazards, and where both are located. Be sure to read the report provided to you after your inspection or risk assessment is completed, and ask questions about anything you do not understand. What You Can Do Now to Protect Your Family If you suspect that your house has lead -based paint hazards, you can take some immediate steps to reduce your family's risk: Ifyou rent, notify your landlord of peeling or chipping paint. Keep painted surfaces clean and free of dust. Clean floors, window frames, window sills, and other surfaces weekly. Use a mop or sponge with warm water and a general all-purpose cleaner. (Remember: never mix ammonia and bleach products together because they can form a dangerous gas.) Carefully clean up paint chips Immediately without creating dust. Thoroughly rinse sponges and mop heads often during cleaning of dirty or dusty areas, and again afterward. Wash your hands and your children's hands often, especially before they eat and before nap time and bed time. Keep play areas clean. Wash bottles, pacifiers, toys, and stuffed animals regularly. Keep children from chewing window sills or other painted surfaces, or eating soil. When renovating, repairing, or painting, hire only EPA -or state - approved Lead -Safe Certified renovation firms (see page 12). Clean or remove shoes before entering your home to avoid tracking In lead from soil. Make sure children eat nutritious, low -fat meals high In Iron, and calcium, such as spinach and dairy products. Children with good diets absorb less lead. Checking Your Home for Lead, continued In preparing for renovation, repair, or painting work in a pre-1978 home, Lead -Safe Certified renovators (see page 12) may: • Take paint chip samples to determine if lead -based paint Is present in the area planned for renovation and send them to an EPA -recognized lead lab for analysis. In housing receiving federal assistance, the person collecting these samples must be a certified lead -based paint inspector or risk assessor • Use EPA -recognized tests kits to determine if lead -based paint Is absent (but not in housing receiving federal assistance) • Presume that lead -based paint is present and use lead -safe work practices There are state and federal programs in place to ensure that testing is done safely, reliably, and effectively. Contact your state or local agency for more Information, visit epa.govAead, or call 1-800-424-LEAD (5323) for a list of contacts in your area' 3 Hearing. or speech -challenged Individuals may access this number through TTY by calling the Federal Relay Service at 1-800-877-8339. Reducing Lead Hazards Disturbing lead -based paint or I l I . removing lead improperly can Increase the hazard to your family by spreading even more lead dust around' the house. i • In addition to day-to-day cleaning and good nutrition, you can temporarily reduce lead -based paint hazards by taking actions, such as If t repairing damaged painted surfaces and planting grass to cover lead - contaminated soil. These actions are not permanent solutions and will need ongoing attention. • You can minimize exposure to lead when renovating, repairing, or painting by hiring an EPA -or state - certified renovator who Is trained in the use of lead -safe work practices.lfyou are a do-it-yourselfer, learn how to use lead -safe work practices In your home. • To remove lead hazards permanently, you should hire a certified lead abatement contractor. Abatement (or permanent hazard elimination) methods include removing, sealing, or enclosing lead -based paint with special materials. Just painting over the hazard with regular paint Is not permanent control. Always use a certified contractor who Is trained to address lead hazards safely. • Hire a Lead -Safe Certified firm (see page 12) to perform renovation, repair, or painting (RRP) projects that disturb painted surfaces. • To correct lead hazards permanently, hire a certified lead abatement contractor.Thls will ensure your contractor knows how to work safely and has the proper equipment to clean up thoroughly. Certified contractors will employ qualified workers and follow strict safety rules as set by their state or by the federal government. 0TEXAS APARTMENT ASSOCIATION, INC., 2021 I,/( Blue Moon eSIgnature Services Document ID: 447222007 1 PAGE OF 5 Reducing Lead Hazards, continued if your home has had lead abatement work done or If the housing Is receiving federal assistance, once the work Is completed, dust cleanup activities must be conducted until clearance testing indicates that lead dust levels are below the following levels: • 10 micrograms per square foot (pg/ftz) for floors, Including carpeted floors 100 pg/ftz for Interior windows sills 400 pg/ft2 for window troughs Abatements are designed to permanently eliminate lead -based paint hazards. However, lead dust can be reintroduced Into an abated area. Use a HEPA vacuum on all furniture and other Items returned to the area, to reduce the potential for reintroducing lead dust. Regularly clean floors, window sills, troughs, and other hard surfaces with a damp cloth or sponge and a general all-purpose cleaner. Please see page 9 for more Information on steps you can take to protect your home after the abatement. For help In locating certified lead abatement professionals In your area, call your state or local agency (see pages 15 and 16), epa.goWlead, or call 1-800-424-LEAD. Other Sources of Lead Lead in Drinking Water The most common sources of lead In drinking water are lead pipes, faucets, and fixtures. Lead pipes are more likely to be found in older cities and homes built before 1986. You can't smell or taste lead In drinking water. To find out for certain Ifyou have lead In drinking water, have your water tested. Remember older homes with a private well can also have plumbing materials that contain lead. Important Steps You Can Take to Reduce Lead in Drinking Water Use only cold water for drinking, cooking and making baby formula. Remember, boiling water does not remove lead from water. Before drinking, flush your home's pipes by running the tap, taking a shower, doing laundry, or doing a load of dishes. Regularly clean your faucet's screen (also known as an aerator). Ifyou use a filter certified to remove lead, don't forget to read the directions to learn when to change the cartridge. Using a filter after It has expired can make it less effective at removing lead. Contact your water company to determine if the pipe that connects your home to the water main (called a service line) Is made from lead. Your area's water company can also provide Information about the lead levels In your system's drinking water. For more Information about lead In drinking water, please contact EPA's Safe Drinking Water Hotline at 1-800-426-4791. Ifyou have other questions about lead poisoning prevention, call 1-800424-LEAD.r Call your local health department or water company to find out about testing your water, or visit epa.gov/safewater for EPA's lead In drinking water Information. Some states or utilities offer programs to pay for water testing for residents. Contact your state or local water company to learn more. Hearing- or speech -challenged Individuals may access this number through TTY by calling the Federal Relay Service at 1-800-877-8339. Renovating, Repairing or Painting a Home with Lead -Based Paint If you hire a contractor to conduct renovation, repair, or painting (RRP) projects In your pre-1978 home or childcare facility (such as pre-school and kindergarten), your contractor must: • Be a Lead -Safe Certified firm approved by EPA or an y. 0 EPA -authorized state program ; o • �' 0 • Use qualified trained Individuals (Lead -Safe �E I Certified renovators) who follow specific lead -safe work practices to prevent lead contamination • Provide a copy of EPA's lead hazard Information document, The Lead -Sale Certified Guide to _ Renovate Right RRP contractors working In pre-1978 homes and childcare facilities must follow lead -safe work practices that: • Contain the work area.The area must be contained so that dust and debris do not escape from the work area. Warning signs must be put up, and plastic or other impermeable material and tape must be used. • Avoid renovation methods that generate large amounts of lead -contaminated dust. Some methods generate so much lead - contaminated dust that their use Is prohibited. They are: Open -Flame burning or torching • Sanding, grinding, planing, needle gunning, or blasting with power tools and equipment not equipped with a shroud and HEPA vacuum attachment • Using a heat gun at temperatures greater than 11007 • Clean up thoroughly.The work area should be cleaned up daily. When all the work Is done, the area must be cleaned up using special cleaning methods. • Dispose of waste properly. Collect and seal waste In a heavy duty bag or sheeting. When transported, ensure that waste Is contained to prevent release of dust and debris. To learn more about EPA's requirements for RRP projects, visit epa.gov/getleadsafe, or read The Lead -Safe Certified Guide to Renovate Right. Other Sources of Lead, continued • Lead smelters or other Industries that release lead Into the air. • Your job. If you work with lead, you could bring It home on your body or clothes. Shower and change clothes before coming home. Launder your work clothes separately from the rest of your family's clothes. • Hobbles that use lead, such as making pottery or stained glass, or refinishing furniture. Call your local health department for Information about hobbles that may use lead. • Old toys and furniture may have been painted with lead-contalning paint. Older toys and other children's products may have parts that contain lead! • Food and liquids cooked or stored In lead crystal or lead -glazed pottery or porcelain may contain lead. • Folk remedles, such as "greta" and "azarcon," used to treat an upset stomach. • In 1978, the federal government banned toys, other children's produces, and furniture vAth lead-contalning paint. In 2008, the federal government banned lead Inmost chlldrens products. The federal government currently bans lead In excess of 100 ppm ®TExAsAPARTMENTAssocIATION,INC.,2021 V Blue Moon eSignature Services Document ID: 447222007 1 PAGE 4OF5 For More Information Consumer Product Safety Commission (CPSC) The National Lead Information Center Learn how to protect chlitlren from lead P 1N.Wng end get other Information about I..d hazards on the Web at <pagov/vf<wa[er and hud I-f-d. or call t-a06434-LEAD Is3331• EPA'a Sale Drinking Water Hotline F.—formailon about lead In Drinking water, all 1-90-126-4291, or visit ep..,i v4o.dfo, Information abe., lead In d,Mking wafer. Consumer Product safety Comnnh. on (CPsc) He'll.. For Inrorma Ion on lead In toys and other consumer preductz, or to report I.....I, consumer Fred. cl or a product- Itted I.Jury, all 1-a0043a-]773, .r v,l, CPSC's webs,. a, cpscgov or saferp,oducts.gu, state and Local Health and Environmental Agencies stales, tribes, and tines nave their awn rules related I.lead- based paint. Check With your local agency to see which laws apply to you. Met, agencies can also provide Information on finding It lead abatement firm In your area, and on posz, p- sources of financial old for reducing lead hazards. Receive up-t.-date adtlress and phon a Intorma[lon for you or local connns on Web a[ epa.g W/sd—ner, or c. LheiNatlonal Lead Informailon Center It 1-900-434-LEAD. Hea,ing-orspeech-challenged lndlvlduals may act ,ny of the phone rnb­ In hh Try fee Federal Foley 5erivice It l 800--67) 839 by calling the toll - The CPSC protects the public against unreasonable Its It of InJ, ry from consumer products through education, safety standards activl ties, and enforcement. Contact CPSC for further Information regarding consumer product safety end reg ula ll. It, CPSC 4330 East West Highway Bethesda, MD 20814-4421 I-B e-6 -2772 cpsc gov or sa fete reduct, gov U. S. Department of Housing end Urban Development (HUD) HUD's ,Itsl.n is to cr.a,e strong, sus[alnable, Inclusive unities and quality affordable homes for all. office of Lead Hazard Control and Healthy Homes for further Information regarding the Lead Safe Housing Rule, which protects famllles In pre, 1978 assisted housing, and for the lead hazard control and research grant programs. HUD 451 Seventh Street, 5W, Room.23. Washington, DC 26910-3000 (2021402-7698 hud.gov/lead a w .u,..nnx....a.,n...,.a..,�rwL.a IMPORTANT[ Lead From Paint, Dust, and Soil In and Around Your Home Can Be Dangerous if Not Managed Properly Children under6 years old are most at dsk for lead poboninginyourhome. Lead exposure ran harm young cldldren and Wbies even before [hey are born Homes, schools, and..slid rare (Felm. s bull) beore 19)0 are likely[o contain leadbased paint Ewn children who seem healthy may have dangerous levels of lead In their bodies Dlstu,bing enfeas with lead -based paint or Iemoving lead -based paint lmp,opefiy can I...... Ne danger to your family. People can get lead Into their bodies by breathing or swa0owing lead du,t or by eating soli or paint ddps .r.In1nglead. People have manyopU,,s for reducing lead hazards. G—Aly, lead based paint that Is In good condl Ilan Is not a h—d (see page 10). 0 Texas Department of State Health Services-512/458-7111 0 HUD Healthy Homes and Lead Hazard Control-202/755-1785 0 EPA Region 6 Office (includes Texas)-214/665-2704 0 CPSC-800/638-2772 0 National Lead Information Center-800/424-5323 FEDERALLY REQUIRED LESSOR DISCLOSURE, AGENT STATEMENT AND LESSEE ACKNOWLEDGMENT OF INFORMATION ON LEAD -BASED PAINT AND LEAD -BASED PAINT HAZARDS LEAD WARNING STATEMENT Housing built before 1978 may contain lead -based paint. Lead from paint, paint chips, and dust can pose health haz- ards if not managed properly. Lead exposure Is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors (owners) must disclose the presence of known lead -based paint and/or lead -based paint hazards in the dwelling. Lessees (residents) must also receive a federally approved pamphlet on lead poisoning prevention. (This addendum is a "pamphlet" within the meaning of federal regulations.The term "in the housing"below means either Inside or outside the housing unit.) LEAD-FREE HOUSING If the housing unit has been certified as "lead free" according to 24 CFR Section 35.82, the lead -based paint and lead -based paint hazard regulations do not apply, and it is not necessary to provide this addendum, or a lead -based paint warning pamphlet and lead -based paint disclosure statement, to the lessee (resident). LESSOR'S DISCLOSURE Presence of lead based paint and/or lead -based paint hazards (check onlyone box) ® Lessor (owner) has no knowledge of lead -based paint and/or lead -based paint hazards In the housing. O Lessor (owner) knows that lead -based paint and/or lead -based paint hazards are present in the housing (explain). Records and reports available to lessor (checkonlyone box) ® Lessor (owner) has no reports or records pertaining to lead -based paint and/or lead -based paint hazards in the housing. O Lessor (owner) has reports or records indicating the presence of some lead -based paint and/or lead -based paint hazards in the housing, and has provided the lessees (residents) with all such records and reports that are available to lessor (list documents). Agent's Statement. If another person or entity Is Involved in leasing the dwelling as an agent of the lessor (i.e., as a management company, real estate agent or locator service acting for the owner), such agent represents that: (1) agent has informed the lessor of the lessor's obligations under 42 U.S.C. 4852(d); and (2) agent is aware of agent's responsibility to ensure that lessor complies with such disclosure laws. Such compliance may be through lessor himself or herself, or through lessor's employees, officers or agents. Lessor's obligations Include those In 24 CFR Sections 35.88 and 35.92 and 40 CFR Sections 745.107 and 745.113. Agent's obligations include those In 24 CFR Section 35.94 and 40 CFR Section 745.11 S. Accuracy Certifications and Resident's Acknowledgment. Lessor and any agent named below certify that to the best of their knowledge the above information and statements made or provided by them, respectively, are true and accurate. The person who signs for the LESSOR may be: (1) the owner himself or herself; (2) an employee, officer or partner of the owner; or (3) a representative of the owner's management company, real estate agent or locator service If such person is authorized to sign for the lessor. The person who signs for the AGENT may be: (1) the agent himself or herself; or (2) an employee, officer or partner of the agent If such person is authorized to sign for the agent.The lessees (residents) signing below acknowledge that they have received a copy of this TAA lease addendum before becoming obligated under the lease and have been Informed that it contains the disclosure form and pamphlet Information required by federal law regarding lead poisoning prevention. Arbrook Park Gardens, LP, 3800 Mahonia Way #2011 #2011 street address ofdwelling Arlington, TX 76014 cODItMzhe,WA 06/26/2024 Date signed Lessee (Resident) Date signed Lessee (Resident) Date signed Lessee (Resident) Date signed Arbrook Park Gardens, LP Harbor Group Management Company Printed name of LESSOR (owner) of the dwelling Printed name of any AGENT of lessor, Le., management company, real estate agent or locator service Involved In leasing the dwelling (Qa&4cia Wen= 07/18/2024 Signature of person signing on behalf ofabove LESSOR Date signed Signature of person signing on behalf of above AGENT, If any Date signed 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 21-AA/BB/CC PAGE 5of5 Copyright October, 2021, Texas Apartment Association, Inc. IV( Blue Moon eSIgnature Services Document ID: 447222007 1 0 This Lease Is valid only If filled out before January 1, 2026. ,ata;A AP�Irr�nar (',�ss�riA� Ic,r1 Apartment Lease Contract This is a binding contract. Read carefully before signing. This Lease Contract ("Lease") is between you, theresident(s) as listed below and us. The terms "you" and "your" refer to all residents. The terms "we," "us;' and "our" refer to the owner listed below. PARTIES Residents LEASE DETAILS A. Apartment (Par.2) Ends at 11:59 p.m. on: 09/11/2025 F. Notice of Term ination or Intent to Move Out (Par. 4) A minimum of 60 days'written notice of termination or Intent to move out required at end of Initial Lease term or during renewal period Note that this amount does not D. Prorated Rent Include anyAnimalDeposit, which Ifthe number ofdays Isn't filled In, notice ofat least 30 days would be reflected In an Animal is required. $ 943.48 Addendum. ® due for the remainder oflst month or O for 2nd month G.Late Fees (Par. 3.3) Initial Late Fee Daily Late Fee ® 10 % of one month's monthly base rent or O % of one month's monthly base rent for days or Cl $ ❑ $ for_ days Due if rent unpaid by 11:59 p.m, on the 3rd (3rd or greater) day of the month E. Security Deposit (Par.5) $ 500.00 H. Returned Check or Rejected J. Early Termination Fee Option (Par.7.2) Payment Fee (Par. 3.4) $ 2840.00 $ 75.00 Notice of 60 days Is required. You are not eligible forearly termination If 1. Reletting Charge (Par. 7.1) you are in default. Arelettln charge .04 9 9 Fee must be paid no later than 60 days after you give us notice (not to exceed 85% ofthe highest monthly Rent during the Lease term) Ifanyvaluesornumberofdoysare blank or"0," may be charged In certain default then this section does notapply. situations K. Violation Charges Animal Violation (Par.12.2) initial charge of$ 100.00 per animal (not to exceed $100 per animal) and Adallychargeof$ 10.00 peranlmal (not to exceed $10 per day per animal) Insurance Violation (Master Lease Addendum or other separate addendum) L. Additional Rent - Monthly Recurring Fixed Charges. You will pay separately for these items as outlined below and/or In separate addenda, Special Provisions or an amendment to this Lease. Animal rent $ Cable/satellite $ Internet $ Package service $ Pest control $ 5.00 Stormwater/drainage $ Trash service $ 9.45 Washer/Dryer < Other: Valet Trash $ 25.00 Other: Trash Admin Fee $ 2.95 Other: $ Other: $ M. Utilities and Other Variable Charges. You will pay separately for gas, water, wastewater, electricity, trash/recycling, utility billing fees and other Items as outlined In separate addenda, Special Provisions oran amendment to this Lease. Utility Connection Charge or Transfer Fee: $ 50.00 (not to exceed $50) to be paid within 5 days of written notice (Par. 3.5) N.Other Charges and Requirements. You will pay separately for these Items or comply with these requirements as outlined in a Master Lease Addendum, separate addenda or Special Provisions. Initial Access Device: $ Additional or Replacement Access Devices:$ Required Insurance Liability Limit (per occurrence): $ 300000.00 Special Provisions. See Par.32 or additional addenda attached.This Lease cannot be changed unless In writing and signed byyou and us Apartment Lease Contract 02023, Texas Apartment Assoc atlon, Inc, Page 1 of 6 IV I Blue Moon eSignature Services Document ID: 447222007 1 LEASE TERMS r CONDITIONS 1, Definitions. The following terms are commonly used in this Lease: 1.1. "Residents" are those listed in "Residents" above who sign this Lease and are authorized to live in the apartment. 1.2. "Occupants" are those listed In this Lease who are also autho- rized to live in the apartment, but who do not sign this Lease. 1.3. "Owner" may be identified by an assumed name and is the owner only and not property managers or anyone else. 1.4. "Including" In this Lease means "Including but not limited to." 1.5. "Community Policies" are the written apartment rules and policies, Including property signage and Instructions for care ofour property and amenities, with which you, your occupants, and your guests must comply. 1.6. "Rent" is monthly base rent plus additional monthly recurring fixed charges. 1.7. "Lease" includes this document, any addenda and attachments, Community Policies and Special Provisions. 2. Apartment. You are leasing the apartment listed above for use as a private residence only. 2.1. Access. In accordance with this Lease, you'll receive access Information or devices for your apartment and mailbox, and other access devicesincludincc, Gate Remote 2.2. Measurements, Any dimensions and sizes provided to you relating to the apartment are only approximations or estimates; actual dimensions and sizes may vary. 2.3. Representations. You agree that designations oraccredi- tations associated with the property are subject to change. 3. Rent. You mustpayyour Renton orbefore the 7st dayofeach month (due date) without demand. There are no exceptions regarding the payment of Rent andyou agree notpaying Rent on or before the 1st of each month is a material breach of this Lease. 3.1. 3.2. 3.3. 3.4. 3.5. 3.6. Payments. You will pay your Rent by any method, manner and place we specify In accordance with this Lease. Cash Is not acceptable without our prior written permission. You cannot withhold or offset Rent unless authorized by law. We may, at our option, require at any time that you pay Rent and other sums due In one single payment by any method we specify. 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 it's due, you must pay late fees as outlined In Lease Details. Returned Payment Fee. You'll pay the fee listed In Lease Details for each returned check or rejected electronic payment, plus Initial and dally late fees If applicable, until we receive full payment in an acceptable method. Utilities and Services. You'll pay for all utilities and services, related deposits, and any charges or fees when they are due and as outlined in this Lease. Television channels that are provided may be changed during the Lease term if the change applies to all residents. Ifyour 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 offor switched for any reason —including disconnection for not paying your bllls—until the Lease term or renewal period ends.lfa utility is individually metered, it must be connected In your name and you must notify the provider ofyour move - out date, if you delay getting service turned on in your name by this Lease's start date or cause It to be transferred back Into our name before you surrender or abandon the apartment, you'll be liable for the charge listed above (not to exceed $50 per billing period), plus the actual or estimated cost of the utilities used while the utility should have been billed to you. Ifyour apartment is individually metered and you change your retail electric provider, you must give us written notice. You must pay all applicable provider fees, including any fees to change service back Into our name after you move out. Lease Changes, Lease changes are only allowed during the Lease term or renewal period if governed by Par.10, specified in Special Provisions in Par. 32, or by a written addendum or amendment signed by you and us. At or after the end of the initial Lease term, Rent Increases will become effective with at least 5 days plus the number of days' advance notice contained In Box F on page 1 in writing from us to you. Your new Lease, which may Include increased Rent or Lease changes, will begin on the date stated in any advance notice we provide (without needing your signature) unless you give us written move -out notice under Par. 25, which applies only to the end of the current Lease term or renewal period. Automatic Lease Renewal and Notice of Termination. This Lease will automatically renew month -to -month unless either party gives written notice of termination or intent to move out as required by Par. 25 and specified on page 1. If the number of days Isn't filled in, no- tice of at least 30 days Is required. Security Deposit. The total security deposit for all residents is due on or before the date this Lease Is signed. Any animal deposit will be designated In an animal addendum. Security deposits may not be ap- plied to Rent without our prior written consent. 5.1. Refunds and Deductions. You must nive us vour advance notice of move out as provided by Par. 25 and forwardina address in writina to receive a written description and Itemized list of charoes or refund. In accordance with this Lease andas allowed bylaw, we may deduct from your security deposit any amounts due under this Lease. if you move out early or In response to a notice to vacate. vou'll be liable forrekevina charges. Upon receipt of your move -out date and forwarding address In writing, the security deposit will be returned (less lawful deductions) with an itemized accounting of any deductions, no later than 30 days after surrender or abandonment, unless laws provide otherwise. Any refund may be by one payment jointly payable to all residents and distributed to any one resident we choose, or distributed equally among all residents. Insurance. Our insurance doesn't cover the loss of or damage to your personal property. You will be required to have liability insur- ance as specified in this Lease unless otherwise prohibited by law. If you have insurance covering the apartment or your personal belong- ings at the time you or we suffer or allege a loss, you agree to require your Insurance carrier to waive any insurance subrogation rights. Even if not required, we urge you to obtain your own Insurance for losses due to theft, fire, Rood, water, pipe leaks and similar occurrenc- es. Most renter's insurance policies don't cover losses due to a flood. Reletting and Early Lease Termination. This Lease may not be ter- minated early except as provided In this Lease. 7.1. Reletting Charge. You'll be liable for a reletting charge as listed in Lease Details, (not to exceed 85%ofthe highest monthly Rent during the Lease term) Ifyou: (A) fall to move In, or fail to give written move -out notice as required In Par. 25; (8) move out without paying Rent In full for the entire Lease term or renewal period; (C) move out at our demand because of your default; or (D) are judicially evicted. The reletting charge Is not a termination, cancellation or buyout fee and does not release you from your obligations under this Lease, including liability for future or past -due Rent, charges for damages or other sums due. The reletting charge is a liquidated amount covering only part of our damages —for our time, effort, and expense in finding and processing a replacement resident. These damages are uncertain and hard to ascertain —particularly those relating to Inconvenience, paperwork, advertising, showing apartments, utilities for showing, checking pros- pects, overhead, marketing costs, and locator -service fees. You agree that the reletting charge is a reasonable estimate of our damages and that the charge is due whether or not our reletting attempts succeed. 7.2. Early Lease Termination Option Procedure. In addition to your termination rights referred to in7.3or8.1 below,ifthls provision applies under Lease Details, you may opt to terminate this Lease prior to the end of the Lease term ifoll of the following occur; (a) as outlined In Lease Details, you give us written notice of early termination, pay the EarlyTermina- tlon 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.lfyou are In default, the Lease remedles apply. 7.3. Special Termination Rights. You may have the right under Texas law to terminate this Lease earlyin certain situations Involving military deployment or transfer, family violence, certain sexual offenses, stalking or death of a sole resident. B. Delay of Occupancy. We are not responsible for any delay ofyour occupancy caused by construction, repairs, cleaning, or a previous resident's holding over. This Lease will remain in force subject to (1) abatement of Rent on a daily basis during delay, and (2) your right to terminate this Lease in writing as set forth below. Rent abatement and Lease termination do not apply if the delay is for cleaning or re- pairs that don't prevent you from moving into the apartment. 8.1. Termination. If we give written notice to you of a delay In occupancy when or after this Lease begins, you may termi- nate this Lease within 3 days after you receive written notice. Ifwe 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. Apartment Lease Contract ®2023, Texas Apartment Assol)katlon. Inc. Page 2 of 6 h/I Blue Moon eSlgnature Services Document ID: 447222007 1 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 1s due to our negligence, we're not liable for —and you mustpay for —repairs and re place- ments occurring during the Lease term orrenewal perlod, Includ- ing: (A) damage from wastewaterstoppages caused by improper objects In lines exclusivelyserving your apartment, (a) damage to doors, windows, orscreens, and (C) damage from windows or doors left open, RESIDENT LIFE 10. Community Policies. Community Policies becomeparto(this Lease andmust be followed. We may make changes, Including addi- tions, to our written Community Policies, and those changes can be- come effective Immediately If the Community Policies are distributed and applicable to all units In the apartment community and do not change the dollar amounts owed under this Lease. 10.1. Photo/Video Release. You give us permission to use any photograph, likeness, image or video taken of you while you are using property common areas or participating In any event sponsored by us. 10.2. Disclosure of Information. At our sale option, we may, but are not obligated to, share and use information related to this Lease for law -enforcement, governmental, or business purposes. At our request, you authorize any utility provider to give us information about pending or actual connections or disconnections of utility service to your apartment. 10.3. Guests, We may exclude from the apartment community any guests or others who, In our sole Judgment, have been violating the law, violating this Lease or our Community Policies, or disturbing other residents, neighbors, visitors, or owner representatives, We may also exclude from any outside area or common area anyone who refuses to show photo identification or refuses to Identify himself or herself as a resident, an authorized occupant, or a guest of a specific resident In the community. Anyone not listed In this Lease cannot stay In the apartment for more than 7 days In one week without our prior written consent, and no more than twice that many days in any one month.lfthe previous space isn't filled in, 2 days total per week will be the limit. 10.4. Notice of Convictions and Registration. You must notify us within 15 days If you or any of your occupants: (A) are convicted of any felony, (B) are convicted of any misdemeanor involving a controlled substance, violence to another person, or destruction of property, or (C) register as a sex offender. Informing us of a criminal conviction or sex -offender registration doesn't waive any rights we may have against you. 10.5. Odors, Noise and Construction. You agree that odors and smells (including those related to cooking), everyday noises or sounds related to repair, renovation, Improvement, or construction In or around the property are all a normal part of a multifamily living environment and that It Is Impractical for us to prevent them from penetrating your apartment. 11. Conduct. You agree to communicate and conduct yourself In a law- ful, courteous and reasonable manner at all times when Interacting with us, our representatives and other residents or occupants. Any acts of unlawful, discourteous or unreasonable communication or conduct by you, your occupants or guests Is a breach of this Lease. You must use customary diligence In maintaining the apartment, keeping it in a sanitary condition and not damaging or littering the common areas. Trash must be disposed of at least weekly. You will use your apartment and all other areas, Including any balconies, with reasonable care. We may regulate the use of passageways, patios, balconies, porches, and activities In common areas. 11.1. Prohibited Conduct. You, your occupants, and your guests will not engage In certain prohibited conduct, including the following activities: (a) criminal conduct; manufacturing, delivering, or possessing a controlled substance or drug parapher- nalia; engaging In or threatening violence; possessing a weapon prohibited by state law; discharging a firearm In the apartment community; or, except when allowed by law, displaying or possessing a gun, knife, or other weapon In the common area, or In a way that may alarm others; (b) behaving In a loud, obnoxious or dangerous manner; (c) disturbing or threatening the rights, comfort, health, safety, or convenience of others, Including us, our agents, or our representatives; (d) disrupting our business operations; (e) storing anything In closets containing water heaters or gas appliances; (f) tampering with utilities or telecommunication equipment; (g) bringing hazardous materials Into the apartment community; (h) using windows for entry or exit; (1) heating the apartment with gas -operated appliances; 0) 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; (1) using glass containers In or near pools; or (m) conducting any kind of business (including child-care services) In your apartment or In the apartment community —except for any lawful business conducted "at home" by computer, mail, or telephone If customers, clients, patients, employees or other business associates do not come to your apartment for business purposes. 12. Animals. No living creatures ofany kindare allowed, even tempo- rarily, anywhere In the apartment or apartment community un- less we've given written permission. If we allow an animal, you must sign a separate Animal Addendum and, except as set forth In the ad- dendum, pay an animal deposit and applicable fees and additional monthly rent, as applicable. An animal deposit Is considered a gener- al security deposit. You represent that any requests, statements and representations you make, Including those for an assistance or sup- port animal, are true, accurate and made In good faith. Feeding stray, feral or wild animals Is a breach of this Lease. 12.1. Removal of Unauthorized Animal. We may remove an unauthorized animal by (1) leaving, In a conspicuous place in the apartment, a written notice of our Intent to remove the animal within 24 hours; and (2) following the procedures of Par.14. We may: keep or kennel the animal; turn the animal over to a humane society, local authority or rescue organization; or return the animal to you If we consent to your request to keep the animal and you have completed and signed an Animal Addendum and paid all fees, When keeping or kenneling an animal,we won't be liable for loss, harm, sickness, or death of the animal unless due to our negligence. You must pay for the animal's reasonable care and kenneling charges. 12.2. Violations of Animal Policies and Charges, 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 date the animal was brought Into your apartment until It Is removed. If an animal has been In the apartment at any time during your term of occupancy (with or without our consent), we'll charge you for all cleaning and repair costs, Including defleaing, deodorizing, and shampooing. Initial and dally 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 ofall motorized vehicles and other modes oftransportatlon, Including bicycles and scooters, In this Lease. In addition to other rights we have to tow or boot vehicles under state law, we also have the right to remove, at the expense of the vehicle owner or operator, any vehicle that Is not In compliance with this Lease. 14. When We May Enter. Ifyouor'any other resident, guest oroccupant Is present, then repair or service persons, contractors, law officers, government representatives, lenders, appraisers, prospective resi- dents or buyers, insurance agents, persons authorized to enter under your rental application, or our representatives may peacefully enter the apartment at reasonable times for reasonable business purposes. If nobody Is In the apartment, then any such person may enter peace- fully and at reasonable times (by breaking a window or other means when necessary) for reasonable business purposes Ifwrltten notice of the entry Is left In a conspicuous place In the apartment Immediately after the entry. We are under no obligation to enter only when you are present, and we may, but are not obligated to, give prior notice or make appointments. Apartment Lease Contract ®2023, Texas Apartment An J�rln 1 Page 3 0( 6 �/I B ue oon eSiRnature Services Document ID: 447222007 1 15. Requests, Repairs and Malfunctions. 15.1. Written Requests Required. Ifyou or any occupant needs to send request —for example, for repairs, installations, services, ownership disclosure, orsecurity-related matters — It must be written and delivered to our designated representative In accordance with this Lease (except for fair -housing accommodation or modification requests or situations involving imminent danger or threats to health or safety, such as fire, smoke, gas, explosion, or crime In progress). Our written notes regarding your oral request do not constitute a written request from you. Our complying with or responding to any oral request doesn't waive the strict requirement for written notices under this Lease. A request for maintenance or repair by anyone residing In your apartment constitutes a request from all residents. The time, manner, method and means of performing maintenance and repairs, including whether or which vendors to use, are within oursole 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 orthreat 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" accounts for the severity and nature of the problem and the reasonable availability of materials, labor, and utilities. I f we fall to timely repair a condition that materially affects the physical health or safety of an ordinary resident as required by the Texas Property Code, you may be entitled to exercise remedies under § 92.056 and § 92.0561 of th a Texas Property Code. If you follow the procedures under those sections, the following remedies, among others, maybe available to you: (1) termination of this Lease and an appropriate refund under 92.056(f); (2) have the condition repaired or remedied according to § 92.0567; (3) deduct from the Rent the cost of the repair or remedy according to § 92.0561; and 4) judicial remedies according to IF 92.0563. 16. Our Right to Terminate for Apartment Community Damage or Closure. If, In our solejudgment, damages to the unit or building are significant or performance of needed repairs poses a danger to you, we may terminate this Lease and your right to possession by giving you at least 7 days' written notice. If termination occurs, you agree we'll refund only prorated rent and all deposits, minus lawful deduc- tions. We may remove and dispose ofyour personal property if, In our solejudgment, It causes a health or safety hazard or impedes our ability to make repairs. 16.1. Property Closure. We also have the right to terminate this Lease and your right to possession by giving you at least 30 days' written notice of termination ifwe 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 ofvalue 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 oavfor missinasecuritvde- vices that are reauired by law. You'll oavfor: (A) rekevina that you request (unless we failed to rekev after the orevlous resi- dent moved outl: and (B) repairs or replacements because of misuse or damage bvvou orvour family, your occupants. or your nests. You must pay immediately after the work is done unless state law authorizes advance payment. You must also pay In advance for any additional or changed security devices you request. Texas Property Code secs. 92.151, 92.153, and 92.154 require, with some exceptions, that we provide at no cost to you when occupancy begins: (A) a window latch on each window; (B) a doorviewer (peep- hole or window) on each exterior door; (C) a pin lock on each sliding door; (D) either a door -handle latch or a security baron each sliding door; (E) a keyless bolting device (deadbolt) on each exterior door; and (F) elthera keyeddoorknob lockora keyed deadbolt lockon one entry door. Keyed locks will be rekeyed after the prior resident moves out. The rekeying will be done eitherbeforeyou move in or within 7 days after you move in, as required by law. If we fail to in- stall or rekey security devices as required by law, you have the right to do so and deduct the reasonable cost from yournext Rentpay- men t under Texas Property Code sec. 92.165(i). We may deactivate ornot install keyless bolting devices on your doors if(A)you or an occupant In the dwelling Is overSS or disabled, and (B) the require- ments of Texas Property Code sec, 92.153(e) or (f) are satisfied. 18.1. Smoke Alarms and Detection Devices. We'll furnish smoke alarms or other detection devices required by law or city ordinance. We may install additional detectors not so required. We'll test them and provide working batteries when you first take possession of your apartment. Upon request, we'll provide, as required by law, a smoke alarm capable of alerting a person with a hearing Impairment. You must pay for and replace batteries as needed, unless the law provides otherwise. We may replace dead or missing batteries at your expense, without prior notice to you. Neither you nor your guests or occupants may disable alarms or detectors. If you damage or disable the smoke alarm or remove a battery without replacing it with a working battery, you may be liable to us under Texas Property Code sec.92.2611 for$100plusone month'sRent actualdamages, andattorney's fees. 18.2. Duty to Report. You must immediately report to us any missing, malfunctioning or defective security devices, smoke alarms or detectors. You'll be liable if you fall to report malfunctions, or fail to report any loss, damage, or fines resulting from fire, smoke, or water. 19. Resident Safety and Loss, Unless otherwise requlredbylaw,,none ofus, ouremployees, agents, ormanagement companies are liable to you,yourguests oroccupants forany damage, personal Injury, loss to personalproperty, or loss of business orpersonal income, from any cause, including but notllmlted to: negligent or Intention- al acts ofresidents, occupants, orguests; theft, burglary, assault vandalism orothercrlmes fire, Rood, waterleaks, rain, hall, Ice, snow, smoke, lightning, wind, explosions, interruption of utilities, pipe leaks or other occurrences unless such damage, injuryorloss Is caused exclusively by our negligence. We do not warrant security of any kind. You agree that you will not rely upon any security measures taken by us for personal security, and that you will call 911 and local law enforcement authorities if any security needs arise. You acknowledge that we are not equipped or trained to provide personal security services to you, your guests or occupants. You rec- ognize that we are not required to provide any private security ser- vices and that no security devices or measures on the property are fall -safe. You further acknowledge that, even If an alarm or gate ame- nities are provided, they are mechanical devices that can malfunc- tion. Any charges resulting from the use of an intrusion alarm will be charged to you, including, but not limited to, any false alarms with police/fire/ambulance response or other required city charges. 20. Condition of the Premises and Alterations. 20.1. As -is. We disclaim all Implied warranties. You accept the apartment, fixtures, and furniture as is, except for conditions materially affecting the health or safety of ordinary persons. You'll be given an Inventory and Condition Form at or before move -in. You agree that after completion of the form or within 48 hours after move -In, whichever comes first, you must note on the form all defects or damage, sign the form, return it to us, and the form accurately reflects the condition of the premises for purposes of determining any refund due to you when you move out. Otherwise, everything will be considered to be In a clean, safe, and good working condition. You must still send a separate request for any repairs needed as provided by Par.15.1. 20.2. Standards and Improvements. Unless authorized by law or by us in writing, you must not perform any repairs, painting, wallpapering, carpeting, electrical changes, or otherwise alter our property. No holes or stickers are allowed inside or outside the apartment. Unless this Lease states otherwise, we'll permit a reasonable number of small nail holes for hanging pictures on 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 cloor- Apartment Lease Contract®2073, Texas Apartment AJ!VT 1puen I Page4 of6 Bloon eSlRnature Services Document ID: 447222007' bells, or lock changes, additions, or rekeying Is permitted unless required by law or we've consented In writing. You may Install a satellite dish or antenna, but only If you sign our satellite dish or antenna lease addendum, which complies with reasonable restrictions allowed by federal law. You must not alter, damage, or remove our property, Including alarm systems, detection devices, appliances, furniture, telephone and television wiring, screens, locks, or security devices. When you move In, we'll supply light bulbs for fixtures we furnish, In- cluding exterior fixtures operated from Inside the apartment; after that, you'll replace them at your expense with bulbs of the same type and wattage. Your Improvements to the apartment (made with or without our consent) become ours unless we agree otherwise In writing. 21. Notices. Written notice to or from our employees, agents, or management companies constitutes notice to or from us. Notices to you or any other resident of the apartment constitute notice to all residents. Notices and requests from any resident constitute notice from all residents. Only residents can give notice of Lease termination and Intent to move out under Par. 7.3. All notices and documents will be In English and, at our option, In any other language that you read or speak. 21.1. Electronic Notice. Notice may be given electronically by us toyou 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 Ifallowed In this Lease. You represent that you have provided your current email address to us, and that you will notify us in the event your email address changes. EVICTION r REMEDIES 22, Liability. Each resident lsjolntlyand severally liable for all Lease obligations. If you or any guest or occupant violates this Lease or our Community Policies, all residents are considered to have violated this Lease. 22.1. Indemnification byYou.You1ldefend,indemnifyondhold us and ouremployees, agents, andmanagement company harmless from all liabilityarising from yourconduct or requests to our representatives and from the conduct of or requests byyourinvitees, occupants orguests. 23. Default by Resident. 23.1. Acts of Default. You'll be In default if: (A) you don't timely pay Rent, including monthly recurring charges, or other amounts you owe; (B) you or any guest or occupant violates this Lease, our Community Policies, or fire, safety, health, criminal or other laws, regardless of whether or where arrestor conviction occurs; (C) you give incorrect, incomplete, or false answers in a rental application or In this Lease; or (D) you or any occupant Is charged, detained, convicted, or given deferred adjudication or pretrial diversion for (i) an offense Involving actual or potential physical harm to a person, or Involving the manufacture or delivery of a controlled substance, marijuana, or drug paraphernalia as defined In the Texas Controlled Substances Act, or (2) any sex - related crime, Including a misdemeanor. 23.2. Eviction. Ifyoudefault, including holdingover,wemay endyour right of occupancybygiving you atleast a 24- hourwritten notice to vacate. Termination of your possession rights doesn't releaseyou from Ilabilltyfor future Rent or other Lease obligations. After giving notice to vacate or filing an eviction suit, we may still accept Rent or other sums due; the filing or acceptance doesn't waive or diminish our right of evictlon or any other contractual or statutory right. Accepting money at any time doesn't waive our right to damages, to pastor future Rent or other sums, or to ourcontinuing with eviction proceedings. In an eviction, Rent Is owed forthe full rental period and will not be prorated. 23.3. Acceleration. Unless we elect not to accelerate Rent, all monthly Rent for the rest of the Lease term or renewal period will be accelerated automatically without notice or demand (before or after acceleration) and will be Immediately due if, without our written consent: (A) you move out, remove property In preparing to move out, or you or any occupant gives oral or written notice of Intent to move out before the Lease term or renewal period ends; and (B) you haven't paid all Rent for the entire Lease term or renewal period. Remaining Rent will also be accelerated if you're judicially evicted or move out when we demand because you've defaulted. If you don't pay the first month's Rent when or before this Lease begins, all future Rent for the Lease term will be automatically accelerated without notice and become immediately due. We also mayend your right ofoccupancy and recoverdamages, future Rent, attorney's fees, court costs, and other lawful charges. 23.4. Holdover. You and all occupants must vacate and surrender the apartment by or before the date contained In: (1) your move -out notice (2) our notice to vacate, (3) our notice of non -renewal, or (4) a written agreement specifying a different move -out date. If a holdover occurs, then you'll be liable to us for all Rent for the full term ofthe previously signed lease ofa new resident who can't occupy because of the holdover, and at our option, we may extend the Lease term and/or Increase the Rent by 25%by delivering written notice to you or your apartment while you continue to hold over. 23.5. Other Remedies. We may report unpaid amounts to credit agencies as allowed by law. If we or our debt collector tries to collect any money you owe us, you agree that we or the debt collector may contact you by any legal means.lfyou default, you will pay us, In addition to other sums due, any rental discounts or concessions agreed to In writing that have been applied to your account. We may recover attorney's fees In connection with enforcing our rights under this Lease. All unpaid amounts you owe bear interest at the rate provided by Texas Finance Code Section 304.003(c) from the due date. You must pay all collection - agency fees Ifyou fail to pay sums due within 10 days after you are mailed a letter demanding payment and stating that collection -agency fees will be added If you don't pay all sums by that deadline. You are also liable for a charge (not to exceed $150) to cover our time, cost and expense for any eviction proceeding against you, plus our attorney's fees and expenses, court costs, and filing fees actually paid. 24. Representatives'Authorityand Waivers, Our representatives (In- cluding managementpersonnel, employees, and agents) have no authority to waive, amend, or terminate this Lease oranypart ofit unless in writing and signed, andno authorityto make promises, rep- resentations, or agreements that Impose securitydutles orotherob- Ilgations on us orourrepresentatives, unless in writing and signed. No action or omission by us will be considered a waiver of our rights or of any subsequent violation, default, or time or place of performance. Our choice to enforce, notenforce or delay enforcement ofwritten-no- tice requirements, rental due dates, acceleration, liens, orany other rights Isn'ta waiver underanycircumstances. 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 fora breach underyour priorlease thatoccuned before the Leaseterm begins. Your Lease Is subordinate to existing and future recorded mortgages, un- less the owner's lender chooses otherwise. All remedies are cumulative. Exercising one remedy won't constitute an election orwalver of other remedies. All provisions regarding our nonliabllityor 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. ENDOF THE LEASE TERM 25. Move -out Notice. Before moving out you must give our represen- tative advance written move -out notice as stated in Par. 4, even if this Lease has become a month -to -month lease. The move -out date can't be changed unless we and you both agree In writing. Your move -out notice must comply with each of the following. (a) Unless we require more than 30 days' notice, If you give notice on the first day of the month you Intend to move out, move out will be on the last day of that month. (b) Your move -out notice must not terminate this Lease before the end of the Lease term or renewal period. (c) Ifwe 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, Ifwe fall to give a reminder notice, 30 days'wrltten notice to move out Is required. (d) You must get from us a written acknowledgment of your notice. 26. Move -Out Procedures. 26.1. Cleaning. You must thoroughly clean the apartment, Including doors, windows, furniture, bathrooms, kitchen appliances, patios, balconies, garages, carports, and storage rooms. You must follow move -out cleaning Instructions If they have been provided. If you don't clean adequately, you'll be liable for reasonable cleaning charges —including charges for cleaning carpets, draperies, furniture, walls, etc, that are soiled beyond Apartment Lease Contract 02023, Texas Apartment Association, Inc. Page 5 of 6 IV( Blue Moon eSlgnature Services Document ID: 447222007 1 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 ajolnt move -out Inspection. Our representatives have no authority to bind or limit us regarding deductions for repairs, damages, or charges. Any statements or estimates by us or our representative are subject to our correction, modi- fication, or disapproval before final accounting or refunding. 27. Surrender and Abandonment. You have surrendered the apartment when: (A) the move -out date has passed and no one is living In the apartment In our reasonable judgment; or (B) apartment keys and ac- cess devices listed In Par.2.1 have been turned In to us —whichever happens first. You have abandoned the apartment when all of the following have occurred: (A) everyone appears to have moved out in our reasonable judgment; (8) you've been In default for nonpayment of Rent for 5 consecutive days, or water, gas, or electric service for the apartment not connected In our name has been terminated or transferred; and (C) you've not responded for 2 days to our notice left on the inside of the main entry door stating that we consider the apartment aban- doned. An apartment Is also considered abandoned 10 days after the death of a sole resident. 27.1. The Ending of Your Rights, Surrender, abandonment, or judicial eviction ends your right of possession for all purposes and gives us the Immediate right to clean up, make repairs In, and relet the apartment; determine any security -deposit deductions; and remove or store property left In the apartment. 27.2. Removal and Storage of Property. We, or law officers, may — but have no duty to —remove or store all property that in our sole judgment belongs to you and remains in the apartment or in common areas (including any vehicles you or any occupant or guest owns or uses) after you're judicially evicted or if you surrender or abandon the apartment. We're not liable for casualty, 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 of the following occur: (1) this Lease Is automatically renewed on a month -to -month basis more than once after membership In TAA and the local association has lapsed; and (2) neither the owner nor the man- agement company is a member of TAA and the local association during the third automatic renewal. A signed affidavit from the affiliated local apartment association attesting to nonmembership when this Lease or renewal was signed will be conclusive evidence of nonmembership. Governmental entities may use TAA forms If TAA agrees in writing. Name, address and telephone number of locator service (if applicable): 29. Severability and Survivability. If any provision of this Lease is inval- id or unenforceable under applicable law, it won't Invalidate the re- mainder of this Lease or change the Intent of the parties. Paragraphs 10.1, 10.2,16,22.1, 27,30 and 31 shall survive the termination of this Lease. This Lease binds subsequent owners. 30. Controlling Law. Texas law governs this Lease. All litigation arising under this Lease and all Lease obligations must be brought In the county, and precinct if applicable, where the apartment is located. 31. Waivers. By signing this Lease, you agree to the following: 31.1. Class Action Waiver, You agree that you will not participate In any class action claims against us or our employees, agents, or management company. You must file any claim against us Individually, and you expressly waive your right to bring, represent, join orotherwise maintain a class action, collective action orsimilarproceeding against us in any forum. YOU UNDERSTAND THAT, WITHOUT THIS WAIVER. YOU COULD BE A PARTY IN A CLASS ACTION LAWSUIT. BY SIGNING THIS LEASE, YOU ACCEPT THIS WAIVER AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS LEASE. 31.2. Force Majeure, Ifwe are prevented from completing substan- tlal performance ofany obligation under this Lease by occurrences that are beyond our control, Including but not limited to, an act of God, strikes, epidemics, war, acts of terrorism, riots, Rood, fire, hurricane, tornado, sabotage or governmental regulation, then we shall be excused from any further performance of obligations to the fullest extent allowed bylaw. 32. Special Provisions. The following, or attached Special Provisions and any addenda or Community Policies provided to you, are part of this Lease and supersede any conflicting provisions In this Lease. Ownership Entity: Arbrook Park Gardens, LP. Rent Payments: We require that payments be made through the resident portal found at www.HGLivina.com/ Resident -Services, for convenience and security. Online Payment options include recurring monthly ACH debit, on -demand ACH payments and Credit/Debit Card payments. After two payments are returned for non -sufficient funds or two online payments (ACH, debit/credit) fail to process within a 12-month Period, payments for the next six months must be paid by secured funds. This includes CashPay or Credit Cards (like Visa, MasterCard or Discover) (which Fees may apply). Certified Funds will only be accepted if required by law. Before submitting a rental application or signing this Lease, you should review the documents and may consult an attorney. You are bound by this Lease when It is signed. An electronic signature Is binding. This Lease, Including all addenda, Is the entire agreement between you and us. You agree that you are NOT relying on any oral representations. Resident or Residents (all sign below) 07/16/2024 (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed Owner or Owners Representative (signing on behalf of owner) 6?a6 rla, ua&cm Apartment Lease Can lracl, TAA Official Statewide Form 23-A/B-1 /8-2 Revised October 2023 Page 6 of 6 IV 'I Blue Moon eSignature Services Document ID: 447222007 I LEASE ADDENDUM FOR ALLOCATING WATER/WASTEWATER COSTS 1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the Arbrook Park Gardens, LP Apartments in Texas. The terms of this addendum will control if the terms of the Lease and this addendum conflict. 2. Reason for allocation. When water and wastewater bills are paid 100 percent by the property owner, residents have no incentive to conserve water. This results in a waste of our state's natural resources and adds to the overhead of the property —and that usually means higher rents. Allocation of water bills saves money for residents because it encourages them to conserve water and wastewater. We as owners also have incentive to conserve because we are required by law to pay a portion of the total water bill(s) for the entire apartment community. 3. Your payment due date. Payment of your allocated water/wastewater bill is due 16 days after the date it is postmarked or hand delivered to your apartment. You agree to mail or deliver payment to the place indicated on your bill so that payment is received no later than the due date. You will pay a late charge of 5 percent of your water/wastewater bill if we don't receive timely payment. If you are late in paying the water bill, we may not cut off your water; but we may immediately exercise all other lawful remedies, including eviction just like late payment of rent. a. Allocation procedures. Your monthly rent under the TAA Lease Contract does not include a charge for water and wastewater. Instead, you will be receiving a separate bill from us each month for such utilities. We may include this item as a separate and distinct charge as part of a multl-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): 0 subdivision (1) actual occupancy; ❑ subdivision (ii) ratio occupancy (PUC average for number of occupants in unit); ❑ subdivision (HI)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 12 day of the month. Within 10 days thereafter, we will try to allocate that mastermeter bill among our residents by allocated billings. s. Common area deduction. We will calculate your allocated share of the mastermetered water/wastewater bill according to PUC rules. Before calculating your portion of the bill, we will deduct for irrigation of landscaping and all other common area uses, as required by PUC rules. We will also deduct for any utility company base charges and customer service charges so that you won't be paying any part of such charges for vacant units. No administrative or other fees will be added to the total mastermeter water/wastewater bill(s) to be allocated unless expressly allowed by PUC rules. No other amounts will be included in the bill except your unpaid balances and any late fees you incur. If we fail to pay our mastermeter bill to the utility company on time and incur penalties or interest, no portion of such amounts will be included in your bill. 6. Change of allocation formula. The above allocation formula for determining your share of the mastermetered water/ wastewater bill cannot be changed except as follows: (1) the new formula is one approved by the PUC; (2) you receive notice of the new formula at least 35 days before it takes effect; and (3) you agree to the change in a signed lease renewal or signed mutual agreement. 7. Previous average. As required under PUC rules, you are notified that the average monthly bill for all dwelling units in the previous calendar year was $ 74.86 per unit, varying from $ 34.44 to $ 242.98 for the lowest to highest month's bills for any unit in the apartment community for this period, if such information is available. The above amounts do not reflect future changes in utility company water rates, weather variations, total water consumption, residents' water consumption habits, etc. a. Right to examine records. During regular weekday office hours, you may examine: (1) our water/wastewater bills from the utility company; (2) our calculations of your monthly allocations; and (3) any other information available to you under PUC rules. Please give us reasonable advance notice to gather the data. Any disputes relating to the computation of your bill will be between you and us. s. PUC. Water allocation billing is regulated by the PUC. A copy of the rules is attached. This addendum complies with those rules, lo.Conservation efforts. We agree to use our best efforts to repair any water leaks inside or outside your apartment no later than 7 days after learning of them. You agree to use your best efforts to conserve water and notify us of leaks. Owner or Owner's Representative Texas Apartment Association I V I Blue Moon eSignature Services Document ID: 447222007' 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) Appllcallon. The provisions of this subchapter apply to apartment houses, condominiums, multiple use facilltes, 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 faculty 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 olhenvise. (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 nontranslenl use, Including a residential condominium whether rented or owner occupied, and It 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 Bat rate or fee charged by a retall 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 nontranslenl 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 nontranslenl 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--Waterutilityservice 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 polnl-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 forwaler orwastewater 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. (a) 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 lips 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: IV'I Blue Moan eSIgnature Services Document ID: 447222007 (A) the calculation of the average cost per gallon, liter, or cubic fool; (B) If the unit of measure of the submelers or point -of -use submeters differs from the unit of measure of the master meter, a chart for converting the tenant's submeter measurement to that used by the retail public utility; (C) all submeter readings; and (D) all submeter test results; (8) the total amount billed to all tenants each month; (9) total revenues collected from the tenants each month to pay for water and wastewater service; and (10) any other Information necessary for a tenant to calculate and verify a water and wastewater bill. (f) Records retention. Each of the records required under subsection (a) of this section shall be maintained for the current year and the previous calendar year, except that all submeter test results shall be maintained until the submeter Is permanently removed from service. (g) Availability of records. (1) If the records required under subsection (a) of this section are maintained at the on -site managers office, the owner shall make the records available for Inspection at the on -site managers office within three days after receiving a written request. (2) If the records required under subsection (a) of this section are not routinely maintained at the on -site manager's office, the owner shall provide copies of the records to the on -site manager within 15 days of receiving a written request from a tenant or the commission or commission staff. (3) If there Is no on -site manager, the owner shall make copies of the records available at the tenant's dwelling unit at a time agreed upon by the tenant within 30 days of the owner receiving a written request from the tenant. (4) Copies of the records may be provided by mall 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 slate 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 dales, billing dales, and due dales; (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. Al 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 owners responsibilities under this subchapter. (c) Tenant agreement to billing method changes. An owner shall not change the method by which a tenant Is billed unless the tenant has agreed to the change by signing a lease or other written agreement. The owner shall provide notice of the proposed change at least 35 days prior to Implementing the new method. (d) Change from submetered to allocated billing. An owner shall not change from submetered billing to allocated billing, except after receiving written approval from the commission after a demonstration of good cause and If the rental agreement requirements under subsections (a), (b), and (c) of this section have been met. Good cause may Include: (1) equipment failures; or (2) meter reading or billing problems that could not feasibly be corrected. (a) Waiver of tenant rights prohibited. A rental agreement provision that purports to waive a tenant's rights or an owner's responsibilities under this subchapter Is void. § 24.281. Charges and Calculations (a) Prohibited charges. Charges billed to tenants for submetered or allocated utility service may only Include bills for water or wastewater from the retail public utility and must not Include any fees billed to the owner by the retail public utility for any deposit, disconnect, reconnect, late payment, or other similar fees. (b) Dwelling unit base charge. If the retail public utility's rate structure Includes a dwelling unit base charge, the owner shall bill each dwelling unit for the base charge applicable to that unit. The owner may not bill tenants for any dwelling unit base charges applicable to unoccupied dwelling units. (c) Customer service charge. If the retail public utility's rate structure Includes a customer service charge, the owner shall bill each dwelling unit the amount of the customer service charge divided by the total number of dwelling units, Including vacant units, that can receive service through the master meter serving the tenants. (d) Calculations for submetered utility service. The tenant's submelered 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 utillty'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 tenants 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 DID; or (B) the apartment resident receives tenant -based voucher assistance under United Slates Housing Act of 1937 Section 8, (42 United Slates 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 bllling using the average water or wastewater cost per gallon, liter, or cubic fool 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. (a) 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 IV( Blue Moon eSianature Services Document ID; 447222007 1 submetered and there Is no installed landscape irrigation system, deduct at least 5 % of the retail public utility's master meter bill. (2) To calculate a tenant's bill: (A) for an apartment house, the owner shall multiply the amount established In paragraph (1) of this subsection by; (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 (11) the number of occupants in the tenant's dwelling unit using a ratio occupancy formula divided by the total number of occupants In all dwelling units at the beginning of the retail public utility's billing period using the same ratio occupancy formula to determine the total. The ratio occupancy formula will reflect what the owner believes more accurately represents the water use In units that are occupied by multiple tenants. The ratio occupancy formula that Is used must assign a fractional portion per tenant of no less than that on the following scale: (1) dwelling unit with one occupant = 1; (11) dwelling unit with two occupants = 1.6; (III) dwelling unit with three occupants = 2.2; or (1V) dwelling unit with more than three occupants = 2.2 + 0A per each additional occupant over three; or (III) the average number of occupants per bedroom, which shall be determined by the following occupancy formula. The formula must calculate the average number of occupants In all dwelling units based on the number of bedrooms In the dwelling unit according to the scale below, notwithstanding the actual number of occupants In each of the dwelling unit's bedrooms or all dwelling units: (1) dwelling unit with an efficiency = 1; (11) 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) fora manufactured home rental community, the owner shall multiply the amount established In paragraph (1) of this subsection by: (1) any of the factors developed under subparagraph (A) of this paragraph; or (11) 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 (he tenant were therefor 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 pedod 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. (0 Conversion to approved allocation method. An owner using an allocation formula other than those approved in subsection (a) of this section shall Immediately provide notice as required under §24.279(c) of this title (relating to Rental Agreement) and either: (1) adopt one of the methods In subsection (a) of this section; or (2) Install submeters and begin billing on a submetered basis; or (3) discontinue billing for utility services. § 24.283. Billing (a) Monthly billing of total charges. The owner shall bill the tenant each month for the total charges calculated under §24.281 of this Iite (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 submelers shall be read within three days of the scheduled reading date of the retail public utility's master meter or according to the schedule in the rental agreement If the owner is billing using the retail public utility's rate. (d) Billing period. (1) Allocated bills shall be rendered for the same billing period as that of the retail public utility, generally monthly, unless service is provided for less than that period. (2) Submeter bills shall be rendered for the same billing period as that of the retail public utility, generally monthly, unless service is provided for less than that period. If the owner uses the retail public utility's actual rate, the billing period may be an alternate billing period specified In the rental agreement. (a) Multi -Item bill. If Issued on a multi -item bill, charges for submetered or allocated utility service must be separate and distinct from any other charges on the bill. (f) Information on bill. The bill must clearly slate 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 rendedng 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 submelers; (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 dale. 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 dale falls on a federal holiday orweekend, in which case the following work day will be the due dale. The owner shall record the date the bill is mailed or hand delivered. A payment is delinquent If not received by the due date. (1) Estimated bill. An estimated bill may be rendered If a master meter, submeler, 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. U) 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 I,/( Blue Moon eSignature Services Document ID: 447222007 1 Included overcharges. If the overbilling or underbllling 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 underbllling. Adjustments for usage by a previous tenant may not be back billed to a current tenant. (t) 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 penally 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 penally Is Incurred. No late penally may be applied unless agreed to by the tenant in a written lease that slates the percentage amount of such late penalty. § 24.285. Complaint Jurisdiction (a) Jurisdiction. The commission has exclusive jurisdiction forvlotallons 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 property 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 andwithln 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 submelering systems. (5) Location of submelers 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 polnl-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 dale (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 polnt-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 polnt-of-use submeterremoved and tested and promptly advise the tenant of the test results. (8) Billing for submeter or point -of -use submeter lest. (A) The owner may not bill the tenant for testing costs If the submeter falls 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 polnl-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 wlth §24.283(k) of this title (relating to Billing). The owner may not charge the tenant for any underbllling that occurred because the submeter or point -of -use submeter was In error. (10) Submeter or point -of -use submeter testing facllllles 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 dale an owner of an apartment house, manufactured home rental community, or multiple use facility or a managerof 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 Rush; 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. V I Blue Moon eSlgnature Services Document ID: 447222007 LEASE ADDENDUM FOR TRASH REMOVAL AND RECYCLING COSTS —FLAT FEE 1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the Arbrook Park Gardens, LP Texas OR the house, duplex, etc. located at (street address) in Apartments in Texas. 2. Flat fee for trash/recycling costs. Your monthly base rent under the TAA Lease Contract does not include a charge for trash removal. Instead, you will be receiving a separate bill from us for such service. You agree to pay a monthly fee of $ 9.45 for the removal of trash and/or recycling for the apartment community, plus a nominal administrative fee of $ 2.95 per month (not to exceed $3) for processing and billing. Your trash/recycling bill may include state and local sales taxes as required by state law. 3. Payment due date. Payment of your trash removal and recycling bill is due 16 days after the date it is postmarked or hand delivered to your apartment. We may include this item as a separate and distinct charge as part of a multi -item bill. You agree to mail or deliver payment to the place indicated on your bill so that payment is received no later than the due date. There will be a late charge of $ 3.00 (not to exceed $3) if we do not receive timely payment of your trash/recycling bill, but we are not obligated to accept late payment. If you are late in paying the trash removal/recycling bill, we may immediately exercise all lawful remedies under your lease contract, including eviction. Texas Apartment Association I V l Blue Moon eSlRnature Services Document ID: 447222007 1 11 Oki N1ANAGl:�1P.N'I' TRASH & VALET WASTE RESIDENT ADDENDUM, This addendum is incorporated into the Lease Contract (the "Lease') identified below and is in addition to all the terms and conditions contained in the Lease. If any terms of this Addendum conflict with the Lease, the terms of this Addendum shall be controlling: Property Owner: Arbrook Park Gardens, LP Resident(s): Address/Apartment No: Lease Date: 06/26/2024 Valet Trash service will be provided for each resident 5 nights per week (Sunday, Monday, Tuesday, Wednesday, and Thursday ), with the exception of Holidays and inclement weather. The cost for trash collection is non-refundable and is R 25.00 per month in addition to your monthly rent as outlined in the Apartment Lease Contract. A container will be provided to each resident and must be used in conjunction with the valet service. Containers with bagged trash should be placed outside the front door of the apartment only between the hours of 6: 00 P.M. to 8 :00 P.M. . Service will begin at 8 : 00 p.m. All trash must be in bags and securely tied. Bags must be placed inside the container. No trash will be collected without the use of the container. No loose trash will be collected. All boxes must be broken down and flattened. After collection, residents are required to bring containers inside their apartment by 9:00 a.m. the following morning. Valet Waste containers are the Property ofArbrook Park Apartments It is the responsibility of each resident to keep his or her container clean. There will be a $ 50.00 non- refundable charge to the resident if an additional or replacement container is needed, or if the container is not left in the apartment at move -out. If service is missed on any of the designated nights, it is the responsibility of the resident(s) to bring trash to the designated compactor/dumpster area or to keep trash inside the apartment until the next collection service. Containers/trash may NOT be left outside of the apartment for any reason at any time. Resident(s) who do not comply will receive a warning. If a violation occurs after the first warning, the container will be removed and/ or a non-refundable fee of $50.00 per bag will be assessed. If the container is removed, a non-refundable return fee of $ 50.00 must be paid before the container is returned. If violations continue, valet service will be terminated for your apartment but will not relinquish your responsibility for the non-refundable monthly valet waste fee of $ 25. 00 Large articles such as furniture, mattresses, etc, should not be placed in or around trash receptacles/dumpsters. Resident(s) are responsible for removing large articles from the Community. If fireplace ashes are to be disposed of, please consult with the Management Office for proper placement to avoid fire hazard. SPECIAL PROVISIONS. The following special provisions control over conflicting provisions of this printed form: 07/16/2024 Resident Signature Date of Resident Signing Addendum Resident Signature Date of Resident Signing Addendum Resident Signature Date of Resident Signing Addendum Resident Signature Date of Resident Signing Addendum Resident Signature Date of Resident Signing Addendum ON64ca viewd 07/18/2024 Authorized Owner's Representative Signature Date of Resident Signing Addendum I-,(( Blue Moon eSignature Services Document ID: 447222007 1 Revised 3/3/2022 .0 �� Animal Addendum •rr•.xns nrntrrnu�,t,r��sstxan�•loy Please note: We consider animals a serious responsibility and a risk to each resident in the dwelling. If you do not properly control and care for an animal, you'll be liable if it causes damage or disturbs other residents. 1. Dwelling Unit. . 2. Lease. Owner's name: Arbrook Park Gardens, LP Residents (list all residents): Odilia Nqwa, NCHANG BOMA 3. Conditional Authorization for Animal. You may keep the animal or animals described below In the dwelling until the Lease expires. We may terminate this authorization sooner if your right of occupancy is lawfully terminated or If In 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 $ when you sign this addendum. This deposit Is in addition to your total security deposit under the Lease, which is a general security deposit for all purposes. Refund of the total security deposit is subject to the terms and conditions In the Lease, and this animal -deposit portion of the total deposit Is not separately refund- able even if the animal is removed. 5. Assistance or Service Animals. When allowed by applicable laws, we may require written verification of or make other inquiries regarding the disability -related need for an assistance or service animal fora 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 $ 8. Additional Fee, You must also pay a one-time nonrefundable fee of$ to keepthe animal In the dwelling unit.The fee Is due when you sign this addendum. 9. Liability Not Limited. The additional monthly rent and additional security deposit under this Animal Addendum do not limit residents' liability for property damage, cleaning, deodorization, defleaing, re- placements, or personal Injuries. 10. Description of Animal. You may keep only the animal or animals de- scribed below. You may not substitute any other animal. Neither you nor your guests or occupants may bring any other animal —mammal, reptile, bird, amphibian, fish, rodent, arachnid, or insect —into the dwelling or apartment community. Animal's name: Type: Breed: Color: Weight: Age: City of license: License #: Date of last rabies shot: Housebroken? Animal owner's name: Animal's name: Type: Breed: Color: Weight: Age: City of license: License #: Date of last rabies shot: Housebroken? Animal owner's name: Animal's name: Type: Breed: Color: Weight: Age: City of license: License #: Date of last rabies shot: Housebroken? Animal owner's name: 11. Special Provisions. The following special provisions control over any conflicting provisions of this addendum: Maximum 2 pets per unit. All residents are required to complete an application with profile for each pet at PetScreenincr.com & ppav applicable fees. Pet rent map vary. No exotic or visitinq pets are allowed (see Community Policies Addendum.l Aquariums over 15 gallons are prohibited. 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/Zlp: Phone: ( 13. Animal Rules. You are responsible for the animal's actions at all times. You agree to follow these rules: 13.1 Shots and Licenses. The animal at all times must have current rabies shots and licenses required by law. You must show us evi- dence of the shots and licenses If we ask. 13.2 Disturbances. The animal must not disturb the neighbors or other residents, regardless of whether the animal is inside or outside the dwelling. 13.3 Housebreaking, Cages, Offspring. Dogs, cats, assistance or service animals, and search and rescue dogs must be house- broken. All other animals must be caged at all times. No animal offspring are allowed. 13.4Indoor Waste Areas. Inside, the animal may urinate or defe- cate only lnthese designated areas: Litter Box 13.5 Outdoor Waste Areas. Outside, the animal may urinate ordef- ecate only in these designated areas: Desiqnated Pet Areas 13.6 Tethering. Animals may not be tied to any fixed object any- where outside the dwelling units, except In fenced yards (If any) for your exclusive use. 02022 TEXAS APARTMENT ASSOCIATION, INC. CONTINUED ON BACK Iv'( Blue Moon e51>;nature Services Document ID: 447222007 1 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- taln 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 orwater outside the dwelling unit at anytime, 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- pervislon 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 fee for picking up and keeping unleashed animals. 13.1oAnimal Waste. Unless we have designated a particular area in your dwelling unit or on the grounds for animal defecation and urination, you are prohibited from letting an animal defecate or urinate anywhere on our property and you must take the ani- mal off our propertyfor that purpose.lfwe allow animal defeca- tion Inside the unit, you must ensure that It's done In a litter box with a kitty -litter -type mix. If the animal defecates anywhere on our property (Including in a fenced yard for your exclusive use), you must Immediately remove the waste and repair any damage. In addition to the terms of this addendum, you must comply with all local ordinances regarding animal defecation. 14. Additional Rules. We may make reasonable changes to the animal rules from time to time If we distribute a written copy of any changes to every resident who is allowed to have animals. 15. Violation of Rules. If you, your guest, or any occupant violates any rule or provision of this addendum (In ourjudgment) and we give you written notice of the violation, you must remove the animal Immedi- ately and permanently from the premises. We also have all other rights and remedies set forth In the Lease, Including eviction and recovering damages and attorney's fees from you. 16. Complaints About Animal. If we receive a reasonable complaint from a neighbor or other resident or ifwe, 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) abandoned the animal; (8) left the animal In the dwelling unit for an extended period of time without food or water; (C) failed to care for a sick animal; (D) violated our animal rules; OR (E) let the animal defecate or urinate where It's not allowed. 17.2 Removal Process, To remove an animal, we must follow the procedures In the Lease, and we may turn the animal over to a humane society or local authority, We'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 Ilen 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. Ilan 'Item cannot be satisfactorily cleaned or repalred, 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. Dog Park. We may provide an area to be used as a dog park. While using the park, you will be required to supervise your dog, but may remove the leash. Leashes must be used while traveling to and from the park.The park is not supervised or monitored In any way, and you use the park at your own risk. We are not liable for any Injury, damage or loss which Is caused as a result of any problem, defect or malfunc- tion of the park. We are also not liable for injury, damage or loss to any person, animal or property caused by any other person or animal, Including, but not limited to, dog bite, trespass, assault or any other crime. Furthermore, we are not liable for any disruption In the park's operation or performance. You herebyrelease 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 orwarrantles 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 authorityto modifythis addendum or the animal rules except In writing as described under paragraph 14.Thls Animal Addendum and the animal rules are consid- ered part of the Lease described above. 23. Animal Restrictions. No animal will be allowed that poses a threat to any other person. You represent that your animal(s) does not pose a danger or threat of any kind to any person or property; has not dis- played vicious, aggressive or dangerous behavior; and has never be- fore Injured you or any other person or animal or caused any dam- age to your property or another person's property. You affirmatively represent and warrant that you have never had a claim or lawsuit filed against you or anyone else for an Injury or damage caused by or re- lated to the animal. You understand and agree that the approval of the animal to live In your apartment Is expressly conditioned upon all of the forgoing being true and 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 itis fully signed. Keep it in a safe place. Resident or Residents (all sign below) 07/16/2024 (Name of Resldent) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed Owner or Owner's Representative (sign below) 01a&c1& l9AkwEa 07/18/2024 ` Datesigned TAA Official Statewide Form 22-E, Revised February 2022 �] yrlght2022,TexasApartmentAssociation,Inc. I-4 )ue Moon eSIgnature Services Document ID: 447222067�� INSURANCE ADDENDUM 1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the Arbrook Park Gardens, LP Apartments in Texas OR the house, duplex, etc, located at (street address) Texas. The terms of this addendum will control if the term of the Lease and this addendum conflict. 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 $ 300000.00 per occurrence. The liability Insurance policy Resident buys and maintains must cover the actions or inactions of Resident and your occupants and guests, and be issued or underwritten by a carrier of your choice licensed to do business in Texas. The required insurance policy must identify the Owner identified in the Lease (or another entity designated by Owner) as an "Interested Party" or "Party of Interest" that will be notified by the insurer of any cancellation, non - renewal, or material change in your coverage no later than 30 days after such action. You must provide us written proof of compliance with the Lease and this addendum on or prior to the Lease commencement date; and if you do not you will not be granted possession of the Premises, You must also provide us written proof of compliance within 7 days of our written request at any other time we request it, 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 fall 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 required insurance, with no grace period. PAYMENT OF SAID AMOUNT DOES NOT RELIEVE YOU OF YOUR OBLIGATION TO BUY AND MAINTAIN INSURANCE AS SUMMARIZED IN PARAGRAPH 2 OF THIS ADDENDUM, DOES NOT CURE THE MATERIAL BREACH AND DEFAULT DESCRIBED IN THIS PARAGRAPH, IN WHOLE OR IN PART, AND DOES NOT RELIEVE YOU OF ANY OBLIGATION TO COMPENSATE US OR ANY OTHER PARTY INJURED OR DAMAGED BY THE ACTIONS OR INACTIONS OF RESIDENT OR YOUR OCCUPANTS OR GUESTS. You further understand that we will not buy an insurance policy for you or for your benefit, and that nothing in this Lease shall be considered an agreement by Owner to furnish you with any insurance coverage. NOTICE TO RESIDENT: YOU SHOULD BE AWARE THATTHE REQUIRED INSURANCE POLICY UNDER THIS ADDENDUM DOES NOT PROTECT YOU AGAINST LOSS OR DAMAGE TO YOUR PERSONAL PROPERTY OR BELONGINGS. YOU ARE STRONGLY ENCOURAGED TO BUY INSURANCE THAT COVERS YOU AND YOUR PROPERTY. I have read, understand and agree to comply with the preceding provisions: [All Residents must sign this addendum] Texas Apartment Association IV I Blue Moon eSlgnature Services Document ID: 447222007 1 Pm.e , ANAGI.i%[FNT PAY WITH RENT INSURANCE ADDENDUM This addendum is incorporated into the Lease Contract (the "Lease') identified below and is in addition to all the terms and conditions contained in the Lease. If any terms of this Addendum conflict with the Lease, the terms of thisAddendum shall be controlling: Owner: Arbrook Park Gardens, LP Resident(s): Address/Apartment No: Lease Date: 06/26/2024 THIS PAY WITH RENT INSURANCE ADDENDUM to the Apartment Lease dated 06/26/2024 (the "Lease"), by and between Landlord, as defined below, and each Resident under the Lease (for purposes of this addendum, each and every Resident under the Lease shall be collectively referred to herein as "Resident"), is incorporated and made an integral part of the Lease. Any capitalized term not defined in this Pay with Rent Addendum shall have the meaning given to it in the Lease or in the Resident Insurance Addendum. The term "Landlord" in this Addendum shall have the same meaning as "Owner" under the Lease (if applicable). RESDIENT AND LANDLORD HEREBY AGREE AS FOLLOWS: t. Resident has been previously received and agreed with the terms and requirements of the Resident Insurance Addendum, which requires, in relevant part, that Resident comply with the Insurance Requirement of the Lease by maintaining liability insurance with minimum coverage limits of $300000.00 per occurrence (the "Insurance Requirement"). 2. As noted in the Resident Insurance Addendum, and agreed to by Resident and Landlord, Resident may purchase coverage that complies with the Insurance Requirement from any insurance company of Resident's choosing. 3. Resident acknowledges that Landlord has provided Resident with information about how Resident can comply with the Insurance Requirement by securing coverage under a group insurance policy Landlord maintains, which is offered by Multi- Family Insurance Partners,LLC, ("MFIP") underwritten by Assurant Specialty Property Insurance Company (the "Pay with Rent Policy"). Resident acknowledges that the monthly premiums and/or terms and conditions for the Pay with Rent Policy are subject to change upon prior written notice fromMFIP or Landlord. 4. Whether you purchase insurance from MFIP or decide to purchase and upload insurance from a carrier or agency other than MFIP, the insurance process requires us to disclose certain personal information with MFIP for the purposes of program enrollment, tracking of your compliance with the requirements in this lease addendum and implementation. Bysigning this addendum, you consent to the sharing of this information, which includes, butis not limited to, your name, address, lease status/ expiration, balance information, current renter's insurance policy information, email address and telephone number(s). By signing you also consent to receive communications from the insurance company via email, text, or other electronic means with respect to insurance related matters. RESIDENT ELECTION OF COVERAGE UNDER PAY WITH RENT POLICY Resident hereby elects to purchase coverage under the Pay with Rent Policy from MFIP. The monthly cost of $18.75 will be added to Resident's monthly Rent and will be payable toLandlord. This coverage is as, follows: liability coverage for damage to the Apartment Homestructure in the amount of $300000.00 with a $0.00 deductible for each claim and property damage coverage for Resident's personal property in the amount of $10000.00 IVI Blue Moon eSlgnature Services Document ID: 447222007 ( LA1 YYLL111V�1V L Ll�,..�,_,l.t-,1.,E ADDENDUM I v1.1 02/2021 with a deductible for each claim of $250.00 . Resident acknowledges that this monthly cost and/or terms and conditions of the Pay with Rent Policy are subject to change upon prior written notice, which will be provided by MFIP or Landlord, and agrees to such increases. Resident may tenninate his or her coverage under the Pay with Rent Policy by delivering written notice thereof to Landlord. If Resident delivers a termination notice, the charge for the Pay with Rent Policy will cease based on Landlord's insurance enrolhnent schedule, and Resident will be responsible for complying with the Insurance Requirementand providing evidence of such compliance before the termination of Resident's coverageunder the Pay with Rent Policy. Resident has declined to purchase coverage under the Pay with Rent Policy from MFIR SPECIAL PROVISIONS. The following special provisions control over conflicting provisions of this printed form: If Resident arranqes their own personal liability insurance from a company other than Multifamilv Insurance Partners, LLC, an MRI Software LLC Company, you must instruct your Insurance Agent to list Harbor Group Management Co., LLC, P.O. Box 392160 Solon, OH 44139 as an "interested party" with a notification address of the interested party to the address below (Entity/Property) P.O. Box 392160 Solon, OH 44139. Third -party policies can be uploaded on the resident portal for those that applied online or emailed to cs. mficompliance@mrisoftware.com. Resident Signature Resident Signature Resident Signature Resident Signature Resident Signature Ph&da a&wi.- . Authorized Owner's Representative Signature 07/15/2024 Date 07/16/2024 Date Date Date Date Date 07/18/2024 Date of Signing Addendum IV I Blue Moon e5lgnature Services Document ID: 447222007 lAl YY 11111\L:r1VE ADDENDUM I vl.l 02/2021 111VJ Vl�l11VV OPPORfIMItt O, 1 194 MANAGEMENT Insurance Placement Addendum This addendum is incorporated into the Lease Contract (the "Lease') identified below and is in addition to all the terms and conditions contained in the Lease. If any terms of this Addendum conflict with the Lease, the terms of this Addendum shall be controlling: Property Owner: Arbrook Park Gardens, LP Resident(s): Address/Apartment No: Lease Date: 06/26/2024 Resident acknowledges keys will not be issued for occupancy without prior proof of Liability or a Renters Insurance Policy from all Leaseholders and Harbor Group Management Co., LLC named an interested party with a minimum $300000.00 liability coverage. Although Resident is only required to meet the $ 300000.00 per occurrence liability insurance requirement, it is highly recommended that Resident purchase insurance that covers their personal belongings. Resident acknowledges that failure to supply proof of and maintain the Insurance Requirement and meet other requirements as outlined in this Addendum shall be deemed a Default under the Lease. In such event, Landlord will send a written notice demanding that Resident cure the Default by procuring the required insurance coverage and supplying evidence of coverage to Landlord. Landlord shall have available to it all Remedies described in Section six (6) of the Apartment Lease Contract in the event of any such Default concerning Resident's failure to comply with the Insurance Requirement. Without in any way limiting the foregoing, if Resident fails to supply evidence of compliance with the Insurance Requirement to Landlord by the date set forth in Landlord's notice, Landlord shall have the right, but not the obligation, to procure liability only insurance coverage on Resident's behalf on a monthly basis, and to charge Resident for the amount of the premium paid to the insurance company plus an additional administrative fee of not more than $10.00 per month. The monthly premium and additional administrative fee will be considered additional rent under the Lease and will be charged to Resident on a monthly basis for as long as Resident is a lessee of the Apartment Home and for as long as Resident fails to provide Landlord with evidence of compliance with the Insurance Requirement. Resident acknowledges that once the premium paid to the insurance company plus an additional administrative fee is charged to the resident, the cost is non-refundable. Resident acknowledges that the coverage Landlord obtains as a result of Resident's failure to provide evidence of compliance with the Insurance Requirement may cost more than other insurance coverage the Resident can purchase elsewhere and may not provide as much coverage as Resident may choose to purchase for his/herself. Resident acknowledges that the insurance purchased by Landlord will NOT cover Resident's personal contents. If Resident provides evidence of compliance with the Insurance Requirement, the charge for the insurance obtained by Landlord and the additional monthly administrative fee will cease based on Landlord's insurance enrollment schedule, but in no event more than 7 days after Resident provides evidence of compliance with the Insurance Requirement. Resident acknowledges and agrees that the administrative fee for purchasing such insurance is a fair and reasonable estimate of the administrative costs Landlord will incur as a result of procuring the liability only insurance coverage for Resident. it Force -Placed Insurance Addendum I vl 09/2020 IvIf Blue Moon eSignature Services Document ID; 447222007 1 94 1�4ANAGI;��iLN'I' Resident acknowledges that the following circumstances shall also be considered events of Default under the Lease: Resident's failure to pay for the insurance coverage procured by Landlord and/or the additional administrative charge; or Resident permitting any independently procured insurance coverage to lapse during the term of the Lease, if Resident fails to obtain substitute insurance coverage that complies with the Insurance Requirement and/or provide Landlord with evidence of the replacement coverage. SPECIAL PROVISIONS. The following special provisions control over conflicting provisions of this printed form: Additional pre -approved coverage's that all meet the Insurance Requirement are available to Resident (including a liability only policy to and additional renter's insurance options.) Resident may obtain information about these coverage's offered by MFIP by accessing www.insurewithmfi.com or by calling 855-846-9278. 07/16/2024 Resident Signature Date Resident Signature Date Resident Signature Date Resident Signature Date Resident Signature Date pa&ieia Ua&wA& 07/18/2024 Authorized Owner's Representative Signature Date of Signing Addendum or m Force -Placed Insurance Addendum I vl 09/2020 IV I Blue Moon eSignature Services Document ID: 447222007 1 U7.04VI •rain-5 rrarrrpn:r�l' nssac(n'r(ota. r. Bed Bug Addendum Please note: We want to maintain a high -quality living environment foryou. It's Important to work together to minimize the potential for bed bugs in your dwelling and others. This Addendum Outlines your responsibility and potential liability when it comes to bed bugs. 1. Addendum. This Is an addendum between the Residents and Owner as described In the Lease for the dwelling described below: at Arbrook Park Gardena, LP (name of apartments) or other dwelling located at (street address of house, duplex, etc.) (city) (state) (zip). 2. Purpose. This addendum modifies the Lease Contract to address any infestation of bed bugs (Cimex lectularius) that might be found in the dwelling or on your personal property. We will rely on repre- sentations that you make to us in this addendum. 3. Inspection and Infestations. We are not aware of any current evidence of bed bugs or bed -bug Infestation in the dwelling. BY SIGNING THIS ADDENDUM. YOU REPRESENT THAT: • YOU HAVE INSPECTED THE DWELLING BEFORE MOVING IN OR SIGNING THIS ADDENDUM, AND YOU DID NOT FIND ANY EVIDENCE OF BED BUGS OR BED -BUG INFES- TATI O N S. OR • YOU WILL INSPECT THE DWELLING WITHIN 48 HOURS AFTER MOVING IN OR SIGNING THIS ADDENDUM AND WILL NOTIFY US OF ANY BED BUGS OR BED -BUG INFES- TATION. 4. Access for Inspection and Pest Treatment. You must allow us and our pest -control agents access to the dwelling at reasonable times to Inspect for or treat bed bugs. We can also Inspect and treat adjacent or neighboring dwellings to the Infestation, even ifthose 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. S. Notification. You must promptly notify us: of any known or suspected bed -bug Infestation or presence in the dwelling, or In any of your clothing, furniture, or per- sonal property; of any recurring or unexplained bites, stings, Irritations, or sores on the skin or body that you believe are caused by bed bugs, or by any condition or pest you believe Is in the dwell- ing; AND if you discover any condition or evidence that might Indicate the presence or Infestation of bed bugs, or if you receive any confirmation of bed -bug presence by licensed pest -control professional or other authoritative source. 6. Cooperation. Ifweconfirm the presence orInfestation ofbedbugs, you must cooperate and coordinate with us and our pest -control agents to treat and eliminate them. You must follow all directions from us or our agents to clean and treat the dwelling and building that are Infested. If you don't cooperate with us, you will be in de- fault and we will have the right to terminate your right of occupancy and exercise all rights and remedies under the Lease. 7. Responsibilities. You may be required to pay all reasonable costs of cleaning and pest -control treatments incurred by us to treat your dwelling unit for bed bugs. If we confirm the presence or Infestation of bed bugs after you move out, you may be responsible for the cost of cleaning and pest control. If we have to move other residents In order to treat adjoining or neighboring dwellings to your dwelling unit, you may have to pay any lost rental income and other expens- es we incur to relocate the neighboring residents and to clean and perform pest -control treatments to eradicate Infestations In other dwellings. If you don't pay us for any costs you are liable for, you will be In default and we will have the right to terminate your right of occupancy and exercise all rights and remedies under the Lease, and we may take immediate possession of the dwelling. If you don't move out after your right of occupancy has been terminated, you will be liable for holdover rent under the Lease, 8. Transfers. If we allow you to transfer to another dwelling In the com- munity because of the presence of bed bugs, you must have your personal property and possessions treated according to accepted treatment methods or procedures established by a licensed pest - control professional. You must provide proof of such cleaning and treatment to our satisfaction. This Addendum is part of your Lease. You are legally bound by this document. Please read it carefully. Resident or Residents (all sign below) Owner or Owner's Representative (sign below) GCILIA Alem 2024 (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed You are entitled to receive a copy of this Addendum after it Is fully signed. Keep it in a safe place. 07/18/2024 Date signed TA Official Statewide Form 23-JJ, Revlsed October, 2023 Copyright 2023,Texas Apartment Association, Inc. IV"I Blue Moon eSignature Services Document ID: 447222007 1 CV�411 Mold Information and Prevention •1TxA.vAI'ARTNIHN'1'XSS(X VHON Addendum Please note: We want to maintain a high -quality living environment for our residents. To help achieve this goal, it Is important that we work together to minimize any mold growth in your dwelling. This Addendum contains important Information for you, and responsibilities for both you and us. 1. Addendum. This is an addendum between the Residents and If small areas of mold have already accumulated on nonporous Owner as described in the Lease for the dwelling described below: surfaces (such as ceramic tile, formica, vinyl Flooring, metal, wood, Unit # or plastic), the Environmental Protection Agency recommends at Arbrook Park Gardens. LP that you first clean the areas with soap (or detergent) and water and let the surface dry thoroughly. When the surface is dry —and within 24 hours ofcleaning—apply a premixed spray -on household blodde. (name of apartments) or other dwelling located at (street address of house, duplex, etc.) City/State/Zip where dwelling is located: 2. About Mold. Mold is found everywhere in our environment, both indoors and outdoors and in both new and old structures. To avoid mold growth, it's important to prevent excess moisture buildup in your dwelling. Promptly notify us in writing about any air-condi- tioning or heating -system problems and any signs of water leaks, water infiltration or mold. We will respond in accordance with state law and the Lease to repair or remedy the situation. Do not clean or apply blocldes to visible mold on porous sur- faces such as sheetrock walls or ceilings or to large areas of visible mold on nonporous surfaces. Instead, notify us in writing and we will take appropriate action to comply with Section 92.051 et seq. of the Texas Property Code, subject to the special exceptions for natu- ral disasters. If you fall to comply with this addendum, you can be held respon- sible for property damage to the dwelling and any health problems that may result. This Addendum is part of your Lease. You are legally bound by this document. Please read it carefully. Resident or Residents (all sign below) Owner or Owner's Representative (sign below) 07/16/2024 (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed You are entitled to receive a copy of this Addendum after it Is fully signed. Keep it in a safe place. 07/18/2024 Date signed TAA Official Statewide Form 23-FF, Revised October, 2023 Copyright 2023, Texas Apartment Association, Inc..n.s Iv I Blue Moon eSIgnature Services Document ID: 447222007 1 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. Addendum. This Is an addendum to the lease between you and us for Apt. No. In the Arbrook Park Gardens, LP Apartments in Texas OR the house, duplex, etc. located at (street address) In Texas. 2. Number and size. You may Install 1 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 "Flat" cable under a door jam or windowsill in a manner that does not physically alter the premises and does not interfere 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. Z. 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 $ 100000.00 , 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 $ 100.00 ❑ effective at time of Installation or ® effective within 7 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 Iv'f Blue Moon eSIgnature Services Document ID: 447222007 :al.�44IIl 'f9?XAS APAIt'ITIRN'1'ASSO(11A'I'ION 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: Apt. # at Arbrook Park Gardens, LP (name of apartments) or other dwelling located at (street address of house, duplex, etc.) City/State where dwelling is located 2. Security Guidelines. We disclaim any express or implied warranties of security. We care about your safety and that of other occupants and guests. No security system is fallsafe Even the best system can't prevent crime. Always act as if security systems don't exist since they are subject to malfunction, tampering, and 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. Resident or Residents (all sign below) 07/16/2024 (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed (Name of Resident) Date signed Keep your keys handy at all times when walking to your car or home. Do not go Inside if you arrive home and find your door open.Call the policefromanotherlocationand askthem 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 lose a key or have concerns about key safety, we will rekey your locks at your expense, in accordance with the Lease. • Check the doorviewerbefore answering the door. Don't open the door if you don't know the person or have any doubts. Children who are old enough to take care of themselves should never let anyone inside when home without an adult. Regulariycheckyoursecuritydevices,smoke alarms and other detection devices to make sure they are working properly. Alarm and detection device batteries should be tested monthly and replaced at least twice a year. Immediately report in writing (dated and signed) to us any needed repairs of security devices, doors,windows, smoke alarms and other detection devices , as well as any other malfunctioning safety devices on the property, such as broken access gates, burned out exterior lights, etc. Owner or Owner's Representative (sign below) Pa&kla, Ua&nda 07/18/2024 Date signed 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 15-M, Revised October, 2015 t = r Copyright 2015, Texas Apartment Association, Inc. Iv1 )ue Moon eSlanature Services Document ID: 447222007' LEASE ADDENDUM ADDRESSING CARRYING FIREARMS ONSITE 1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the Arbrook Park Gardens, LP Apartments in Texas. The terms of this addendum will control if the terms of the Lease and this addendum conflict. 2. Texas law. Texas allows qualified people to carry a firearm in the state. However, we may restrict carrying firearms on our property, with the exception of transporting firearms from a vehicle to an apartment. If we provide notice of our policy restricting the carrying of firearms, and you do not comply, you will be in violation of the Lease and may be engaging in criminal trespass. 3. Community firearm carry policy. Whether or not you hold a license under the Texas handgun licensing law, by signing this addendum, you understand and agree as follows (the specific agreements are indicated by the options that are marked): 0 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. 0 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. 0 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 0 the leasing office or 0 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 0 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. i 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. S. 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; (a) we cannot and do not warrant or promise that any part of the apartment community is or will be free from handguns, firearms, or other weapons; and (f) our ability to effectively monitor or enforce this addendum depends in large part on your and your occupants' and guests' cooperation and compliance. Texas Apartment Association INK Blue Moon eSIgnature Services Document ID: 447222007 A1♦TAG 11J1 LINT ll ADDENDUM FOR RECEIPT OF PACKAGES This Addendum for Receipt of Packages (the "Addendum") is entered into by Arbrook Park Gardens, LP ("Landlord") and ("Resident"). The Addendum will be made a part of the Apartment Lease Contract entered by Landlord and Resident on 06/26/2024 , for residential property located at 52011 (the "Unit"). 1. Resident authorizes Landlord and its agents to accept packages delivered to the management office on behalf of Resident. The delivered packages will remain in the management office and will not be delivered to the Unit. Resident agrees that any delivered packages not picked up by the Resident within five (5) days of delivery may be returned by the Landlord. 2. Resident reserves the right to refuse delivery of any packages that in its sole discretion deems hazardous, flammable, toxic, illegal, or perishable. 3. By signing this Addendum, Resident releases Landlord and its agents, employees, and owners from any liability for any delivered packages that are damaged or missing contents. 4. Resident(s) agree that an initial fee of $ and a monthly fee of $5.00 will be charged by the Landlord for this service. The monthly fee will be due on AGREED TO: Pa&W& UaPe wj& 07/18/2024 Authorized Owner's Representative Signature Date 07/16/2024 Resident Signature Date Resident Signature Date Resident Signature Date Resident Signature Date Resident Signature Date Effective Date 07/23/2019 Rev 1 it iV I Blue Moon eSignature Services Document ID: 447222007 1 HGM DOORBELL CAMERA DEVICES APARTMENT UNIT DESCRIPTION. Apt. No (street address) in (city) , TX (state) , (zip code). LEASE CONTRACT DESCRIPTION. Lease Contract date- June 26, 2024 Owner's name: Arbrook Park Gardens, LP Residents (list all residents): DOORRFi i CAMERA nmCFS LEASE ADDENDUM This is an addendum to the Lease Contract regarding doorbell camera devices. Location of Devices: Tenant is permitted to install one (1) doorbell camera video recording/security device (hereinafter referred to as a "doorbell camera device") on each exterior door of the leased premises. The device must be located on or immediately adjacent to the exterior door of the tenant's unit, either in the location of the original doorbell, on the door itself, or within the area of the unit's exterior immediately surrounding the door frame. Installation is only permitted in an area of which the tenant has exclusive use under the lease. Installation is not permitted on any exterior walls, parking areas, common areas, fencing, roofs or any other areas not under tenant's exclusive use and control per the lease agreement. Permitted Devices: Tenant may use only a battery -operated doorbell camera device or a device that connects to a standard household 120-volt electrical outlet. Hardwired devices requiring connection to the apartment's electrical system or any changes to the wiring of the unit are not permitted. Non -intrusiveness of Devices: The doorbell camera device must be installed and positioned in such a way that it does not record or capture images or audio from the interior of any other units, including images and/or audio obtained through windows or doors of other units. The device must be positioned so that the camera captures only the area immediately surrounding the door of tenant's unit and does not point at the windows or doors of another unit. Installation: Tenant is solely responsible for installation and maintenance of any doorbell camera device. Tenant prior to installing the doorbell camera device will give Landlord 7 days' notice in writing of their intent to install the device. Tenant shall not damage the property in any way, and Tenant agrees that they shall be responsible for any repairs associated with installation, maintenance, and removal of the doorbell camera device. If the doorbell camera device is mounted on the front door or in a location other than that of the original doorbell, tenant may not drill any holes or otherwise damage the door or exterior of the property during installation. No Audio Recording Permitted: To avoid intrusion on the privacy of other residents and in compliance with local and state law, Tenant agrees to either install a doorbell camera device that does not record audio or, upon installation, to disable the recording of audio on the device. Tenant may use the two-way communication feature of a doorbell camera device; however, no recordings maybe taken of audial communications. Recordings of images only, without sound, are permitted. Maintenance: Tenant has sole responsibility for maintenance and repair of any doorbell camera device and any related equipment. Removal: Upon move -out or at the request of the Landlord, tenant must remove the doorbell camera device and any related equipment from the premises. If said device is installed in the location of the original doorbell, the tenant is responsible for removing the device and replacing the original doorbellupon move -out. In accordance with the terms of the lease and this addendum, tenant is solely responsible for any damages and repairs associated with removal of the 1,(( Blue Moon eSignature Services Document ID: 447222007 1 doorbell camera device or the installing of the original doorbell and will be charged for the cost of repairs which may be reasonably necessary to restore the leased premises to its condition prior to the installation of the device. Liability and Indemnity: Tenant shall take full responsibility for the installation, use of the doorbell camera device, and any images, videos, or audio files captured by said device, removal of the doorbell camera device, and install of the original doorbell. To the fullest extent of the law, Tenant agrees to hold landlord harmless, defend, and indemnify landlord against any injury, damages, claims, losses, demands, made by any party as a result of tenant's use, of the doorbell camera device. All images, files, and recordings, whether visual or audial, taken and/or recorded by the doorbell camera device are the sole possession of tenant, and landlord shall have no responsibility for the content or use of said images, files, and recordings. Landlord's Right to Demand Removal: Landlord retains the absolute right to demand tenant's removal of any doorbell camera device should its use become the subject of other residents' complaints and/or landlord reasonably believes that tenant is using the device for an improper purpose. Upon notification by landlord, tenant shall remove said device with five (5) days and repair any damages caused by installation or removal. Resident(s) (All residents must sign) Owner or Owner's Representative (}0464da Ua&= Date of Signing Addendum 07/15/2024 07/16/2024 Date of Signing Addendum 07/18/2024 Iv I Blue Moon eSIgnature Services Document ID; 447222007 1 goo �i���, NlANAGE,`lENT COMMUNICATION ADDENDUM OPT -IN This addendum is incorporated into the Lease Contract (the "Lease') identified below and is in addition to all the terms and conditions contained in the Lease. If any terms of this Addendum conflict with the Lease, the terms of this Addendum shall be controlling: Property Owner: Arbrook Park Gardens, LP Resident(s): Address/Apartment No: Lease Date: 06/26/2024 Property Owner and/or its agents, including but not limited to its property manager, Harbor Group Management Co., LLC (herein after "we", "us", or "our") would like to share with you community news, resident events, socials, referral opportunities and advertising news. This Communication Addendum confirms your participation in our community communication program. YOU ARE NOT REQUIRED TO AGREE TO ENTER INTO THIS AGREEMENTAS A CONDITION OF RENTING / RE-LEASINGAHOME. THIS IS AN OPTIONALANDADDITIONALWAY WE MAY COMMUNICATEA MESSAGE TO YOU. IFYOU CHOOSE TO ALLOW MASS SMS TEXT MESSAGES, YOUAGREE TO FOLLOW THE PRESCRIBED MEANS OF COMMUNICATION TO US AS SET FORTH IN THE LEASE ORANY OTHER DOCUMENTS AND TEXTING SHALLNOT BE SUBSTITUTED BYYOU FOR THE PRESCRIBED MEANS OF COMMUNICATION TO US. You agree that we may from time to time make calls and/or send text messages to you at the telephone number(s) listed below, including wireless telephone numbers that could result in charges to you. The way these calls or text messages are made to you may include, but is not limited to, the use of prerecorded/artificial voice messages and/or automatic telephone dialing system. You further agree that we may send a -mails to you at any e-mail address you provide us or use other electronic means of communication to the extent permitted by law including, but not limited to, renewal offers and rental increase notifications. Consent may be revoked at any time and by any means listed below. If a mobile number is provided, we may text you information about your application, community events, or other relevant notifications. We do not charge to send or receive text messages as part of our application process. However, messages and data rates may apply. Please consult with your wireless carrier for applicable text messaging fees. Additionally, you agree that we may send any SMS Statement Notifications through your communication service provider to deliver them to you. You agree to provide a valid mobile phone number for these services. You agree to indemnify, defend, and hold us harmless from and against all claims, losses, liability, cost, and expenses (including reasonable attomeys' fee) arising from your provision of a mobile phone number(s) that is not your own or your violation of applicable federal, state, local law, regulation, or ordinance. Your obligation under this paragraph shall survive termination of the Agreement. SMS Statement Notification are provided for your convenience only. We reserve the right, in our sole discretion, to cancel or suspend any or all methods of communication stated above, in whole or in part, for any reason, with or without notice to you. By signing below, you agree that you have read, understood, and consent to the preceding provisions. Once your mobile device has been activated, you may reply STOP to opt -out of the service or contact the leasing office at (817) 203-1136 Resident Signature Resident Signature Resident Signature Resident Signature Resident Signature Pa4i W& Lk&tda Authorized Owner's Representative Signature 07/15/2024 Date of Resident SigningAddendum 07/16/2024 Date of Resident SigningAddendum Date of Resident SigningAddendum Date of Resident SigningAddendum Date of Resident SigningAddendum Date of Resident SigningAddendum 07/18/2024 Date ofAuthorized Owner's Representative Signature 0 1,/( Blue Moon eSgnature Services Document ID: 447222007 ESUSU RENT REPORTING ADDENDUM APARTMENT UNIT DESCRIPTION. Apt. No. (street address) in (city) , TX (state) , (zip code). LEASE CONTRACT DESCRIPTION. Lease Contract data• June 26, 2024 Owner's name: Arbrook Park Gardens, LP Residents (list all residents): Odilia Ngwa, NCHANG BOMA As a resident, you have been automatically enrolled with the Esusu Rent Reporting Program ("Esusu Rent"). With Esusu Rent, you may be able to positively build your credit just by paying your rent on time. If you would prefer to opt out of Esusu Rent, you must email rentsupport@esusu.org and request removal from the program. If you remain in Esusu Rent, when you pay your rent on -time, Esusu Rent will report this data to Equifax, TransUnion, and Experian, and the positive rent payment will be incorporated into your credit report. Esusu Rent will only report positive rental payment history. Your credit report will display up to the 24 most recent months of positive rental payment history information, if available. By signing below, I understand and agree: I will be automatically enrolled with Esusu Rent upon signing of my lease; and If I desire to opt out of Esusu Rent, that it is my responsibility to contact Esusu Rent to opt out of their rent reporting program by sending an email to rentsupport@esusu.org to opt out; and That should I later decide I would like to opt in to Esusu Rent, I am required to send a request to participate in the program by emailing rentsupport@esusu.org. Resident(s) (All residents must sign) Owner or Owner's Representative 0)a ialm 0%Lnela Date of Signing Addendum 07/15/2024 07/16/2024 Date of Signing Addendum 07/18/2024 Iv 1 Blue Moon eSlRnature Services Document ID: 447222007 1 ESG ADDENDUM -UTILITY AUTHORIZATION FORM APARTMENT UNIT DESCRIPTION. Apt. No (street address) in (city) , TX (state) (zip code). LEASE CONTRACT DESCRIPTION. Lease Contract date- June 26, 2024 Owner's name: Arbrook Park Gardens, LP Residents (list all residents): Environmental, Social, and Governance (ESG) Addendum - Utility Authorization Form Harbor Group Management, Co. LLC is focused on integrating Environmental, Social, and Governance ("ESG") practices to promote environmental responsibility, which is a critical part of developing sustainable communities. ESG Reporting is an opportunity for our organization to provide updates on progress toward environmental, sustainability and corporate governance goals. Our goal is to provide an account of efforts and the impact of those efforts as we focus our operational processes on environmental responsibility and sustainable communities. Conducting energy use surveys requires your information and authorization to obtain utility data for your apartment. As such, we are requesting the following: 1. By signing this addendum, you agree that (i) landlord or its management company is authorized to release .your leasing information to our third party utility billing company and (ii) the third party utility billing company is authorized to contact and receive from utility vendors your records regarding utility usage, including but not limited to, aggregated whole -building data, customer's account number, rate class, addresses, interval data, historical usage data, and other necessary data. *Leasing information excludes details such as race, gender, income, Social Security Number(s), and payment records. Resident(s) (All residents must sign) Owner or Owner's Representative 6N&W& 19a halm Date of Signing Addendum 07/15/2024 07/16/2024 Date of Signing Addendum 07/18/2024 I,/( Blue Moon esignature Services Document ID: 447222007 1 E-SIGNATURE CERTIFICATE This certificate details the actions recorded during the signing of this Document. DOCUMENT INFORMATION Status Signed Document ID 447222007 Submitted 07/18/24 Total Pages 37 Flood Disclosure Notice, Lead Hazard Disclosure Addendum, Apartment Lease Form, Water/Wastewater Cost Allocation Addendum, Lease Addendum for Trash Removal and Recycling Costs - Flat Fee, Trash & Valet Waste Resident Addendum, Animal Addendum, Insurance Addendum, Pay with Rent Insurance Addendum, Insurance Placement Forms Included Addendum, Bed Bug Addendum, Mold Information and Prevention Addendum, Satellite Dish or Antenna Addendum, Security Guidelines, Lease Addendum for Addressing Carrying Firearms Onsite, Addendum for Receipt of Packages, HGM Doorbell Camera Devices, Communication Addendum Opt -In, Esusu Rent Reporting Addendum, ESG Addendum-Utlllty Authorization Form PARTIES blueoon Patricia Valencia signer key: d9aed964945454931c6cc7f9ac62c806 IP address: 108.86.72.196 signing method: Blue Moon eSlgnature Services authentication method: eSlgnature by email ARB@harborgroupmanagement.com (Community Manager) DOCUMENT AUDIT 1 06/26/24 05:1732 PM CDT DOCUMENT AUDIT CONTINUED 6 ('06/26/24'05:20:23 PM CDT '' DOCUMENT AUDIT CONTINUED 53 07/16/24 05:07:38 PM CDT 75 07/18/24 09:19:28 AM CDT Patricia Valencia accepted Consumer Disclosure 76 07/18/24 09:19:28 AM CDT Patricia Valencia dated Flood Disclosure Notice 77 07/18/24 09:19:28 AM CDT Patricia Valencia signed Flood Disclosure Notice 78 07/18/24 09:19:28 AM CDT Patricia Valencia dated Lead Hazard Disclosure Addendum 79 07/18/24 09:19:28 AM CDT Patricia Valencia signed Lead Hazard Disclosure Addendum 80 07/18/24 09:19:28 AM CDT Patricia Valencia signed Apartment Lease Form 81 07/18/24 09:19:28 AM CDT Patricia Valencia signed Water/Wastewater Cost Allocation Addendum 82 07/18/24 09:19:28 AM CDT Patricia Valencia signed Lease Addendum for Trash Removal and Recycling Costs - Flat Fee 83 07/18/24 09:19:28 AM CDT . Patricia Valencia signed Trash & Valet Waste Resident Addendum 84 07/18/24 09:19:28 AM CDT Patricia Valencia dated Trash & Valet Waste Resident Addendum 85 07/18/24 09:19:28 AM CDT Patricia Valencia dated Animal Addendum 86 07/18/24 09:19:28 AM CDT Patricia Valencia signed Animal Addendum 87 07/18/24 09:19:28 AM CDT Patricia Valencia signed Insurance Addendum 88 07/18/24 09:1928 AM CDT Patricia Valencia dated Pay with Rent Insurance Addendum 89 07/18/24 09:19:28 AM CDT Patricia Valencia signed Pay with Rent Insurance Addendum 90 07/18/24 09:19:28 AM CDT Patricia Valencia dated Insurance Placement Addendum 91 07/18/24 09:19:28 AM CDT Patricia Valencia signed Insurance Placement Addendum 92 07/18/24 09:19:28 AM CDT Patricia Valencia dated Bed Bug Addendum 93 07/18/24 09:19:28 AM CDT Patricia Valencia signed Bed Bug Addendum 94 07/18/24 09:19:28 AM CDT Patricia Valencia dated Mold Information and Prevention Addendum 95 07/18/24 09:19:28 AM CDT Patricia Valencia signed Mold Information and Prevention Addendum 96 07/18/24 09:19:28 AM CDT Patricia Valencia signed Satellite Dish or Antenna Addendum 97 07/18/24 09:19:28 AM CDT Patricia Valencia dated Security Guidelines 98 07/18/24 09:19:28 AM CDT Patricia Valencia signed Security Guidelines 99 07/18/24 09:19:28 AM CDT Patricia Valencia signed Lease Addendum for Addressing Carrying Firearms Onsite DOCUMENT AUDIT CONTINUED loo 61/102460018 AM CDT, Patricia Valencia dated Addendum for Receipt of Packages 101 07/18/2409:19:28AM CDT Patricia Valencia signed Addendum for Receipt of Packages 102 01/18/24 09:19:28 AM CDT Patricia Valencia dated HGM Doorbell Camera Devices 103, 07/18/24 09;19:28 AM CDT Patricia Valencia signed HGM Doorbell Camera Devices 104 07/18/24 09:19:28 AM CDT Patricia Valencia signed Communication Addendum Opt -in ............... 105 07/18/24 09:19:28 AM CDT Patricia Valencia dated Communication Addendum Opt -In ­ ___. ---------- - --- --- --------- 106 07/18124 09:19:2B AM CDT Patricia Valencia dated Esusu Rent Reporting Addendum 107 07/18/2409:19:28AM CDT Patricia Valencia signed Esusu Rent Reporting Addendum 108 07/18/24 09:19:28 AM CDT Patricia Valencia dated ESG Addendum-UtIllry Authorization Form 109, 07/18124 09:19:28 AM CDT Patricia Valencia signed ESG Addendum-UtIllry Authorization Form 110 0118/2409:19:28AM CDT Patricia Valencia submitted signed documents . . . . . . . ............. . M&C Review Page 1 of 7 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA rklow Create New From This M&C REFERENCE 19NS 2023-2027 DATE: 8/8/2023 NO.: M&C 23-0631 LOG NAME: CONSOLIDATED PLAN AND 2023-2024 ACTION PLAN CODE: C TYPE: NOW 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 $2,000,000.00 to $2,500,000.00. 4. Authorize the collection and use of an estimated $50,000.00 of program Income which Is expected to result from activities using prior years' Community Development Block Grant funds for the City's Priority Repair Program; 5. Authorize the collection and use of an estimated $50,000.00 of program Income which Is expected to result from activities using prior years' HOME Investment Partnerships Program grant funds for the City's Homebuyer Assistance Program, and authorize the use of 10 percent of the program Income for administrative costs; 6. Authorize the City Manager or his designee to execute contracts for one-year terms with the agencies listed In Tables 1,2, and 3 below for Program Year 2023-2024 for Community Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding, and satisfactory completion of all federal regulatory requirements; 7. Authorize the City Manager or his designees to extend the contracts for up to one year if an agency or department requests an extension and such extension Is necessary for completion of the program, or to amend the contracts If necessary to achieve program goals provided any amendment Is within the scope of the program and In compliance with City policies and all applicable laws and regulations governing the use of federal grant funds, http://apps.cfwnet.org/council_packetlmc review.asp?ID=31258&councildate=8/8/2O23 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.o0, 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'ss) 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 11 GOAL Promote Affordable Housing Ilincrease neighborhood stability through homeownership assistance; for Renters and Owners JlFair Housing efforts, and supportive services for renters and owners (Housing Preservation and Preserve and expand the supply of quality affordable housing 'throughout Rehabilitation the City Neighborhood Improvement Enhance neighborhood development and revitalization throughout ithe and Revitalization 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 Aging In Place needed to age in their homes, while maintaining both their independence and quality of life Accessibility Improvements 11architectural Improve accessibility in public facilities and housing, including 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 11health Support programs and services to improve the mental and physical of low -to moderate -income Fort Worth families The City's 2023-2024 Annual Action Plan summarizes the major housing and community development activities and proposed expenditures for the program year beginning October 1, 2023 and ending September 30, 2024 for use of federal grant funds totaling $13,452,621.00 from the United States Department of Housing and Urban Development (HUD) from the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG), and httu://anns.cfwnet.oriz/council packet/inc review. asp?1D=31258&coimcildate=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\0/o in the City's most recent Cost Allocation Plan. A waiver of these costs is requested to allow allocation of these funds to further support the programs and services to assist low -to -moderate income citizens. Mayor & Council Communication (M&C) 22-0569 dated August 9, 2022 increased the annual funding amount of the City's Priority Repair Program (PRP) from $1,100,000.00 to $2,000,000.00. Approval of this M&C authorizes an additional increase of annual funding from $2,000,000.00 to $2,500,000.00. This will require an increase in the expenditure authority for the PRP and the contracting authority for PRP agreements, resulting in an annual increase of $500,000.00. A total five year (Fiscal Years 2023-2027) contract authority of $46,858,546.53 for PRP is necessary to facilitate the increase in funding from CDBG. COMMUNITY DEVELOPMENT BLOCK GRANT For Program Year 2023-2024, it is recommended that the amount of $6,994,785.00 in CDBG funds and an estimated amount of $50,000.00 in CDBG program income totaling $7,044,785.00 be allocated as follows: Public Service Agencies - $1,049,218.00': Includes social services for low- and moderate -Income persons, persons with disabilities, and disadvantaged persons Housing Programs - $3,910,000.00: Includes funding for the City's Priority Repair Program, Cowtown Brush -Up, homebuyer and housing services, accessibility modifications for seniors and persons with disabilities, and related project delivery costs for these programs Major Projects - $636,610.00: Includes for multifamily rental rehabilitation Administration - $1,398,957.00: Includes costs for administering the CDBG grant, Including allocations for the Financial Management Services Department Estimated Program Income - $50,000.00: Includes up to $50,000.00 In funding for the City's Priority Repair Program. Any CDBG program Income over the estimated amount not used for the Priority Repair Program will be allocated to priority activities In the City's Consolidated Plan, subject to the City Council approval. HOME INVESTMENT PARTNERSHIPS PROGRAM For Program Year 2023-2024, it is recommended that the amount of $3,271,119.00 In HOME funds and an estimated amount of $50,000.00 in HOME program income totaling $3,321,119.00 be allocated as follows: httn //snns.cfwnet.rn-g/council nacicet/mc review.asp?1D=31258&councildate=8/8/2023 8/17/2023 M&C Review Page 4 of 7 Homebuyer Assistance Program - $408,339.25: Includes funding for down payment and closing cost assistance for low- and moderate -Income homebuyers Community Housing Development Organization - $490,667.85: HUD requires that a minimum of 15 percent of HOME funds be allocated to Community Housing Development Organizations (CHDOs) for affordable housing projects. These funds will be used by Housing Channel for multifamily housing development In southeast Fort Worth. All housing developed with these funds will be sold to homebuyers making at or below 80 percent of area median Income (AMI), set by HUD. Community Housing Development Organization Operating - $45,000.00: Major Projects - $2,000,000.00: Includes funds ($1,000,000.00) allocated to the affordable housing project to be developed by Fort Worth Housing Solutions (FWHS) as a part of its Choice Neighborhood Initiative (CNI) grant and funds ($1,000,000.00) allocated to the multifamily housing project, Columbia Renaissance - Phase III Administration - $327,111.90: Includes costs for administering the HOME grant Estimated Program Income - $50,000.00: Includes funding for the Homebuyer Assistance Program and HOME grant administrative costs. HUD allows the City to use 10 percent of any HOME program Income towards the cost of administering the HOME grant. HOME program Income over the estimated amount not used for the Homebuyer Assistance Program will be allocated to priority activities In the City's Consolidated Plan, subject to City Council approval. HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS For Program Year 2023-2024, it is recommended that the amount of $2,576,174.00 in HOPWA funds be allocated as follows: Public Service Agencies - $1,729,850.00 Neighborhood Services Department - $769,039.00 Administration - $77,285.00 EMERGENCY SOLUTIONS GRANT For Program Year 2023-2024, it is recommended that the amount of $610,543.00 in ESG funds to be allocated ad 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 I AGENCY CONSOLIDATED PLAN GOAL CAB Christian Learning Children and Youth Center Services & Girls Clubs of Children and Youth (Boys Greater Tarrant County, Inc, IServices Camp Fire First Texas I Children and Youth Services (Cancer Care Services Healthy Living and Wellness Easter Seals North Texas, Economic Inc. Empowerment and Financial Resilience PROGRAM AMOUNT Out of School Time $78,218.00 Program Youth Development $70,000.00 at Eastside Branch Teens In Action $50,000.00 Cancer Care $50,000.00 Services Employment Services $60,000.00 Girls Incorporated of Tarrant Children and Youth I Leadership Program II $100,000.001 County _ _ Services 1 I1 Guardianship Services, Inc. ►Aging In Place Money Smart+ ]1 $100,000.001 httn:Happs.cfwnet.oriz/council packethnc review.asp?ID=31258&councildate=8/8/2023 8/17/2023 M&C Review Page 5 of 7 Housing Channel Promote Affordable Housing Counseling $111,000.00 Housing for Renters and & Education Owners (Junior Achievement of the IlServicesChildren and Youth IlCradle to Career I $25,000.00 Chisholm Trail, Inc. Initiative (Maroon 9 Community (Children and Youth !!Maroon 9 Teen I $25,000.00� Enrichment Organization Services Enrichment Program IMeals-On-Wheels, Inc. of (Aging In Place �INutrition Program ! $75,000.001 Tarrant County II Economic Tech Fundamentals NPower Inc. Empowerment and Workforce Training $25,000.00 Financial Resilience Program Economic Tarrant County The Ladder Alliance Empowerment and Workforce $80,000.00 Financial Resilience Development The Women's Center of EconomicEmploymentand Employment $75,000.00 Tarrant County, Inc. Financial Resilience Solutions lUnited Community Centers, Children and Youth (!Holistic Educational I (Services $125,000.00� inc. Literacy Program JCDBG Public Services Agencies Total $1,049,218.001 Rehabilitation, Education and Advocacy for Citizens Accessibility Project Ramp $165,000.00 with Handicaps dba Improvements REACH, Inc. Fort Worth Area Habitat for Housing Preservation Humanity, Inc. DBA Trinity Cowtown Brush Up $455,000.00 and Rehabilitation Habitat for Humanity JCDBG Subrecipient Agencies Total $620,000.001 TOTAL CDBG CONTRACTS $1,669,218.001 Housing Opportunities for Persons with AIDS Contracts TABLE 2: HOPWA AGENCIES AGENCY 11 PROGRAM AMOUNT AIDS Outreach Administration, Support Services, Short -Term Rent, Mortgage, and Utility Assistance (STRMU), Tenant- $429,850.00 Center, Inc. Based Rental Assistance Tarrant County Administration, Facility -Based Operations, Supportive Samaritan Housing, $1,300,000.00 Services, Tenant -Based Rental Assistance (TBRA) Inc. TOTAL HOPWA CONTRACTS 1$1,729,850.001 Emergency Solutions Grants TABLE 3: ESG AGENCIES AGENCY PROGRAM AMOUNT IThe Presbyterian Night Shelter of Tarrant Shelter Operations/Services �I$116,635.001 County, Inc. I Lighthouse for the Homeless dba True Worth Day Shelter !Place $158,400.00 110perations/Services httn-//anns.cfwnet.orL),/council nacicet/mc review. asp7ID=31258&councildate=8/8/2023 8/17/2023 M&C Review IThe Salvation Army (Center for Transforming Lives ISafeHaven of Tarrant County ITOTAL ESG CONTRACTS All figures have been rounded to the available in ALL COUNCIL DISTRICTS. Homelessness Prevention Rapid Re -Housing Shelter Operations/Services nearest dollar for presentation purposes Page 6 of 7, II$150,000.001 II $75,901.00 II $63,816.00 II$564,752.001 These programs are 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 IFund Department Account Project Program Activity Budget Reference # Amount I ID I I ID I I I Year I (Chartfield 2) FROM Fund I Department I Account I Project I Program I Activity I Budget I Reference # I Amount ID ID Year (Chartfietd 2) Submitted for City Manager's Office bv: Fernando Costa (6122) Oriqinatinq Department Head: Additional Information Contact: ATTACHMENTS Victor Turner (8187) Sharon Burkley (5785) Rhonda Hinz (2573) 19NS ACTION PLAN 2023 Aaencv Form 1295 Forms.odf (CFW Internal) http://apps.cfwnet.org/council packet/me review.asp7ID=31258&councildate=8/8/2023 8/17/2023 M&C Review Page 7 of 7 Action Plan SOS Filin4s.Ddf (Public) ConPlan July 12 Public Hearina.Ddf (Public) FWCP City Council NQRC Committee Power Point Interim Report Communitv Enoaaement Report June 2, 2023.DDtx (CFW Internal) IR Consolidated Plan Action Plan 080123.docx (Public) ORD,APP 1%4,5 2023-2027 CONSOLIDATED PLAN AND 2023-2024 ACTION PLAN 21001 A023(r7).docx (Public) httD://anps.cfwnet.org/council packet/mc review. asp7ID=31258&councildate=8/8/2023 8/17/2023