HomeMy WebLinkAboutContract 60173-R1A1.CSC No. 60173- Renewal One and Amendment One Page 1 of 4
CoFW and TS ASSET ENCORE LLC
RENEWAL ONE AND AMENDMENT ONE
TO CITY OF FORT WORTH CONTRACT NO. 60173
This Contract Renewal and Amendment is made and entered into by and between the City of Fort
Worth (“City”), and TS ASSET ENCORE LLC. (“Landlord”), each individually referred to as a
“Party” and collectively referred to as the “Parties.”
RECITALS
WHEREAS, on September 15, 2023, the City entered into an agreement with the
Landlord for rental assistance for a namedtenant, City Secretary Office (CSO) Contract No. 60173
(the "Agreement");
WHEREAS, (“Tenant”) is a participant in the City’s rental assistance
program;
WHEREAS, the Agreement’s Initial Term was from September 15, 2023 to September 8,
2024 and allowed for annual renewals upon agreement of the Parties; and
WHEREAS, the Parties agree to renew and amend the Agreement as described below.
NOW THEREFORE, City and Landlord do hereby agree as follows:
I
RENEWAL OF AGREEMENT
The Parties agree to renew the Agreement for an additional one year-term beginning
September 9, 2024 and expiring on September 7, 2025, (“First Renewal Term”) unless earlier
terminated in accordance with the terms of the Agreement.
II
AMENDMENT TO AGREEMENT
The following terms are hereby amended to replace the referenced terms in the Agreement and
shall be binding and enforceable as if they were originally included therein.
1.Section 3.1 Security Deposit shall be amended and replaced as follows:
3.1 Security Deposit
The Tenant shall pay a security deposit totaling $0.00 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.
.CSC No. 60173- Renewal One and Amendment One Page 2 of 4
CoFW and TS ASSET ENCORE LLC
The named Tenant may be eligible for security deposit payment assistance payable to
Landlord. In the event that the City pays the security deposit for the Unit on behalf of the Tenant
under a federally funded program (including the Permanent Housing Placement Program), after
deducting the amount used as reimbursement to the Landlord, the Landlord will promptly refund
the full amount of the balance to the City in accordance with HUD regulations. This does not limit
Landlord’s right to withhold any portion of the deposit that would normally be withheld at
termination under the terms of the underlying lease. Based upon the City’s review, City will pay a
$0.00 security deposit, to be paid directly to the Landlord.
The Landlord shall immediately notify the City when the Tenant has moved from the Unit.
2. Section 3.2 Rent and Amounts Payable by City shall be amended and replaced as
follows:
3.2 Rent and Amounts Payable by City
3.2.1 Rent. The City has been notified that the Tenant’s Total Rent during the Initial Term is
$1,125.00 per month for the Unit. The City has been notified that the Tenant’s Total Rent
during the First Renewal Term is $1,150.00 per month for the Unit.
The Tenant, during the Initial Term, shall be responsible for $0.00 of rent for the month of
September 2023 for the Unit. From October 1, 2023 to August 31, 2024, Tenant shall be
responsible for $204.00 of rent per month. From September 1, 2024 to September 8, 2024, the
tenant shall be responsible for $54.00 prorated rent. The Tenant during the First Renewal
Term shall be responsible for $172.00 prorated rent from September 9, 2024 to
September 30, 2024 for the Unit. From October 1, 2024 to August 31, 2025, the Tenant
shall be responsible for $234.00 of rent per month for the Unit. From September 1, 2025
to September 7, 2025, the Tenant shall be responsible for $55.00 prorated rent per month
for the Unit.
During the Initial Term, for the month of September 2023, City shall pay $600.00
prorated rent toward the Tenant’s Total Rent for the Unit (“City Portion”). From October
1, 2023 to August 31, 2024, City shall pay $921.00 toward the Tenant’s Total Rent for the
Unit. From September 1, 2024 to September 8, 2024, City shall pay $246.00 toward the
Tenant’s Total Rent for the Unit. During Tenant’s First Renewal Term, the City Portion
shall be $752.00 prorated rent from September 9, 2024 to September 30, 2024. From
October 1, 2024 to August 31, 2025, the City Portion shall be $916.00 of rent per
month for the Unit. From September 1, 2025 to September 7, 2025, the City Portion
shall be $213.33 prorated rent. Neither City nor does HUD assume any obligation for
the Tenant’s Portion of the rent, or for payment of any claim by Landlord against Tenant.
The City’s sole obligation is limited to paying the City Portion of the Rent in accordance
with this Agreement. Tenant shall be liable for rent, payments, and other fees associated
with the Unit and City shall not be obligated by law or in equity for any amount other than
the City Portion.
.CSC No. 60173- Renewal One and Amendment One Page 3 of 4
CoFW and TS ASSET ENCORE LLC
3.2.2 Utilities.The named Tenant may be eligible for a utility reimbursement payable to
Landlord. The amount of the allowance has been calculated utilizing the Utility Allowance
Schedule established by the Tarrant County Housing Assistance Office/Fort Worth Housing
Solutions. Based upon the City’s review, during the Initial Term, City will pay no more than
$0 utility reimbursement per month toward the Tenant’s utility payments, to be paid directly to
the Landlord.
3.2.3 Payment Conditions.The right of the Landlord to receive payments under this
Agreement shall be subject to compliance with all of the provisions of the Agreement. The
Landlord’s signature on this agreement shall be a certification that:
1. The Unit is in decent, safe and sanitary condition, and that the Landlord is providing
the services, maintenance and utilities agreed to in the Lease.
2. The Unit is leased to and occupied by the Tenant named above in this Agreement.
3. The Landlord has not received and will not receive any payments as rent for the
Unit other than those identified in this Agreement.
4. To the best of the Landlord's knowledge, the unit is used solely as the Tenant's
principal place of residence.
3.2.4 Method of Payment.Payments made electronically (i.e.- the City’s Automated
Clearing House network) provide more protection against theft and fraud and can be processed
more quickly by the City.
If Landlord registers to be paid under this Agreement electronically, City payments will
generally be made on or about the first day of the month for which the payment is due.
Payments for the first month may be somewhat delayed as a result of the registration and initial
set-up process.
If Landlord requests payment under this Agreement by paper check, City payments will be
made as promptly as possible following the first day of the month for which payment is due.
If Landlord request payment by check, Landlord assumes all liabilities related to theft, fraud,
and late payments.
If Landlord elects to receive electronic payments, Landlord will not assess any late fee
against Tenant or City for late payments by City so long as payments are made within thirty
(30) days of the day payment is due. If Landlord elects to receive payment by paper check,
under no circumstances shall late fees be assessed against Tenant or City for late payment by
the City.
3.2.5 Overpayments. If the City determines that the Landlord is not entitled to any
payments received, in addition to other remedies the City may deduct the amount of the
overpayment from any amounts due the Landlord, including the amounts due under any other
Rental Assistance Agreement.
III.
All terms and conditions of the Agreement not amended herein remain unaffected and in
full force and effect, are binding on the Parties and are hereby ratified by the Parties.
[SIGNATURE PAGE FOLLOWS]
.CSC No. 60173- Renewal One and Amendment One Page 4 of 4
CoFW and TS ASSET ENCORE LLC
IN WITNESS WHEREOF,the parties hereto have executed this agreement, to be effective
September 9, 2024.
FOR CITY OF FORT WORTH: FOR LANDLORD:
Name: Fernando Costa Name: Kaytlin Delacruz
Title: Assistant City Manager Title: Landlord Representative
Date: _______________ Date:
APPROVAL RECOMMENDED
Name: Kacey Bess
Title: Director of Neighborhood Services
APPROVED AS TO FORM AND ATTEST:
LEGALITY
Name: Jessika Williams Name: Jannette Goodall
Title: Assistant City Attorney Title: City Secretary
Date:
Contract Compliance Manager: M&C No.: 23-0631
By signing I acknowledge that I am the
person responsible for the monitoring
and administration of this contract,
including ensuring all performance and
reporting requirements.
Name: Julie C. Peña, MSW
Title: Sr. Human Services Specialist
FLOOD DISCLOSURE NOTICE
In accordance with Texas law, we are providing the following flood disclosure:
We are or are not aware that the unit you are renting is located in a 100-year floodplain. If
neither box is checked, you should assume the unit is in a 100-year floodplain. Even if the unit is not
in a 100-year floodplain, the unit may still be susceptible to flooding. The Federal Emergency
Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by
address, at no cost, to determine if a unit is located in a flood hazard area. Most renter’s insurance
policies do not cover damages or loss incurred in a flood. You should seek insurance coverage that
would cover losses caused by a flood.
We are or are not aware that the unit you are renting has flooded (per the statutory definition
below) at least once within the last five years.
As defined in Texas Property Code 92.0135(a)(2), “flooding” means “a general or temporary
condition of a partial or complete inundation of a dwelling caused by: (A) the overflow of inland or
tidal waters; (B) the unusual and rapid accumulation of runoff or surface waters from any established
water source such as a river, stream, or drainage ditch; or (C) excessive rainfall.”
Signatures of All Residents Signature of Owner or Owner’s Representative
Date
Texas Apartment Association
����� Bed Bug Addendum
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Please note: We want to maintain a high-quality living environment for you. It's important to work together to
minimize the potential for bed bugs in your dwelling and others. This Addendum outlines your responsibility
and potential liabiliry when ir comes to bed bugs.
1. Addendum. This is an addendum between the Residents and
Owner as described in the Lease for the dwelling described below:
(name of apartments)
or other dwelling located at
(streetaddress ofhouse, duplex, etc.)
(city)
(state) (zip).
2. Purpose. This addendum modifies the Lease Contract to address
any infestation of bed bugs (Cimex lectularius) that might befound
in the dwelling or on your personal property. We will rely on repre-
sentations that you make to us in this addendum.
3. Inspection and Infestations. We are not aware of any current
evidence of bed bugs or bed-bug infestation in the dwelling.
BY SIGNING THIS ADDENDUM, YOU REPRESENT THAT:
• YOU HAVE INSPECTED THE DWELLING BEFORE MOVING
IN OR SIGNING THIS ADDENDUM. AND YOU DID NOT
FIND ANY EVIDENCE OF BED BUGS OR BED-BUG INFES-
TATIONS, OR
• YOU WILL INSPECT THE DWELLING WITHIN 48 HOURS
AFTER MOVING IN OR SIGNING THIS ADDENDUM AND
WILL NOTIFY US OF ANY BED BUGS OR BED-BUG INFES-
TATION.
Access for Inspection and Pest Treatment. You must allow us
and our pest-control agents access to the dwelling at reasonable
times to inspectforortreat bed bugs. We can also inspect and treat
adjacent or neighboring dwellings to the infestation, even if those
dwellings are not the source or cause of the known infestation. Si-
multaneously as we treat the dwelling, you must, at your expense,
have your personal property, furniture, clothing, and possessions
treated according to accepted treatment methods by a licensed
pest-control firm that we approve. You agree not to treat the dwell-
ing for a bed-bug infestation on your own.
Date signed
Date signed
Date signed
Date signed
Date signed
This Addendum is part of your Lease.
You are legally bound by this document. Please read it carefully.
Resident or Residents (all sign below)
You are entitled to receive a copy of this Addendum after it is fully signed. Keep it in a safe place.
TAA Official Statewide Form 23d1, Revised October, 2023
Copyright 2023,Texas Apartment Association, Inc.
Blue Moon eSi nature Services Document ID: 453707944
INSURANCE ADDENDUM
1.
2. Required Insurance Policy. In accordance with the Lease, you understand and agree that this addendum requires Resident, at
Resident's sole expense, to buy and maintain a liability insurance policy during the entire Lease term and any renewal periods that provides
limits of liability to third parties in amount not less than $ l00000 . oo per occurrence. The liability insurance policy Resident buys
and maintains must cover the actions or inactions of Resident and your occupants and guests, and be issued or underwritten by a carrier
of your choice licensed to do business in Texas. The required insurance policy must identify the Owner identified in the Lease (or another
entity designated by Owner) as an "Interested Party" or "Party of InteresY' that will be notified by the insurer of any cancellation, non-
renewal, or material change in your coverage no later than 30 days after such action. You must provide us written proof of compliance with
the Lease and this addendum on or prior to the Lease commencement date; and if you do not you will not be granted possession of the
Premises. You must also provide us written proof of compliance within 7 days of our written request at any other time we request it.
3. Acknowledgement. You acknowledge that Owner does not acquire or maintain insurance for Resident's benefit or which is designed
to insure you for personal injury, loss or damage to your personal property or belongings, or your own liability for injury, loss or damage
that you (or your occupants or guests) may cause others. Any insurance policy that insures you for personal injury, loss or damage to
your personal property or belongings, or provide you coverage for your own liability for injury, loss or damage that you (or your occupants
or guests) may cause others must be bought and maintained solely by you. We do not and are not able to provide you with information
on insurance coverage, rates, or terms and conditions. You should instead seek such information from a licensed insurance company,
licensed insurance agent, other licensed insurance professional, or the Texas Department of Insurance. The Texas Department of
Insurance website at www.tdi.texas.gov may contain useful consumer information regarding renter's insurance. You further acknowledge
that we have made no referrals, guarantees, representations or promises whatsoever concerning any insurance or services provided by
any insurance company. At all times you have been and remain free to contract for the required insurance with the insurance carrier of
your choosing.
4. Default. You understand and agree that your failure to comply with either the requirements specified in the Lease, this addendum, or
both is a material breach by you of the Lease and a default of the Lease for which Owner may sue you for eviction. If you fail to buy and
maintain insurance as required by the Lease and this addendum, we may, in our sole discretion, agree to refrain from filing an eviction
against you for your default for not having the appropriate insurance in place upon payment by you to Owner of $ 150 . 00
(which you agree is not a liquidated damages amount and which sum shall only apply to each month (or part thereof) you remain in breach
of this insurance addendum). Owner will agree to forego commencement of an eviction based upon non-compliance with this addendum
for a one-month period, during which you shall come into compliance with this addendum. Our choice to accept money from you to forego
pursuit of an eviction for one month does not require us to accept money from you or forego pursuit of our remedies under this paragraph
for any subsequent months. The foregoing payments are due on the 1 st day of the month following the calendar month (or part thereof)
during which you do not have the requiretl insurance, with no grace period. PAYMENT OF SAID AMOUNT DOES NOT RELIEVE YOU
OF YOUR OBLIGATION TO BUY AND MAINTAIN INSURANCE AS SUMMARIZED IN PARAGRAPH 2 OF THIS ADDENDUM, DOES
NOT CURE THE MATERIAL BREACH AND DEFAULT DESCRIBED IN THIS PARAGRAPH, IN WHOLE OR IN PART, AND DOES NOT
RELIEVE YOU OF ANY OBLIGATION TO COMPENSATE US OR ANY OTHER PARTY INJURED OR DAMAGED BY THE ACTIONS
OR INACTIONS OF RESIDENT OR YOUR OCCUPANTS OR GUESTS. You further understand that we will not buy an insurance policy
for you or for your benefit, and that nothing in this Lease shall be considered an agreement by Owner to furnish you with any insurance
coverage.
NOTICE TO RESIDENT: YOU SHOULD BE AWARE THAT THE REQUIRED INSURANCE POLICY UNDER THISADDENDUM DOES
NOT PROTECT YOU AGAINST LOSS OR DAMAGE TO YOUR PERSONAL PROPERTY OR BELONGINGS. YOU ARE STRONGLY
ENCOURAGED TO BUY INSURANCE THAT COVERS YOU AND YOUR PROPERTY.
I have read, understand and agree to comply with the preceding provisions: [All Residents must sign this addendum]
(�
Texas Apartment Association
Blue Moon eSi nature Services Document ID: 453707944
■ �71 ����
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This Lease is valid only if filled out beforeJanuary 1, 2026.
Apartment Lease Contract
This is a binding contract. Read carefully before signing.
This Lease Contract ("Lease") is between you, the resident(s) as listed below and us. The terms "you" and "your" refer to all residents.
The terms "we; "'us;' and "our" refer to the owner listed below.
PARTIES
Residents Diandre Garret
LEASE DETAILS
Owner Encore on Mustanq
Occupants
A. Apartment (Par. 2)
B.Initial LeaseTerm. Begins: 09/09/2024 Ends at 11:59 p.m. on: 09/07/2025
C. Monthly Base Rent (Par. 3) E. Security Deposit (Par. 5) F. Notice of Termination or Intent to Move Out (Par. 4)
$ 1150 $ 0. 00 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 anyAnimal Deposit, which If the number of days isn't filled in, notice of at least 30 days
$ 924 wouldbereflectedinanAnimal isrequired.
Addendum.
� duefortheremainderoflst
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
O $ O $ for days
Due if rent unpaid by 11:59 p.m. on the 3rd (3rd or greater) day of the month
H. Returned Check or Rejected J. Early Termination Fee Option (Par. 7.2) K. Violation Charges
Payment Fee (Par.3.4) $
Animal Violation (Par.12.2)
$ 75.00 Noticeof 60 daysisrequired. Initialchargeof$ 100.00 peranimal(not
Youarenoteligibleforearlyterminationif toexceed$100peranimal)and
I.Relettin Char e(Par.7.1) youareindefault.
9 9 Adailychargeof$ 10.00 peranimal
A relettin char e of $ 1071 . 00 Fee must be paid no later than (not to exceed $10 per day per animal)
9 g days after you give us notice
(nottoexceed85%ofthehighest �fanyvaluesornumberofdaysareblankor"0," InsuranceViolation(MasterLeaseAddendum
monthlyRentduringtheLeaseterm) thenthissectiondoesnotapply. orotherse arateaddendum)
may be charged in certain default p
situations $ 150.00
L. Additional Rent - Monthly Recurring Fixed Charges. You will pay separatelyfor these items as outlined below and/or in separate addenda,
Special Provisions or an amendmenttothis Lease.
Animal rent $ 0 Cable/satellite $ Internet $
Packageservice $ Pestcontrol $ 5.00 Stormwater/drainage $
Trash service $ WashedDryer S
Other: �enity Fee 5 15.00
Other: Reserved Parking 5 55.00
Other: Risk Fee (one time-Non-Refundable Fee) $ 0
Other: Packaqe Service Set Up Fee (one time fee) $ 0
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 or an 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 separatelyfor these items or comply with these requirements as outlined in a Master Lease
Addendum, separate addenda or Special Provisions. Initial Access Device: $
Additional or Replacement Access Devices: $_______________ Required Insurance Liability Limit (per occurrence): $ 100000 . 00
Special Provisions. See Par. 32 or additional addenda attached. This Lease cannot be changed unless in writing and signed by you and us.
Apartment Lease Contract <02023, Texas Apartment Association, Inc Page 1 of 6
Blue Moon eSi nature Services Document ID: 453707944
1. Definitions.ThefollowingtermsarecommonlyusedinthisLease:
1.1. "Residents" are those listed in "Residents" above who sign
this Lease and are authorized to live in the apartment.
1.2. "Occupants" are those listed in this Lease who are also autho-
rized to live in the apartment, but who do not sign this Lease.
13. "Owner" may be identified by an assumed name and is the
owner only and not property managers or anyone else.
1.4. "Including"inthisLeasemeans"includingbutnotlimitedto."
1.5. "Community Policies" are the written apartment rules and
policies, including property signage and instructions for
care of our property and amenities, with which you, your
occupants, and your guests must comply.
1.6. "RenY' is monthly base rent plus additional monthly
recurring fixed charges.
1.7. "Lease"includesthisdocument,anyaddendaand
attachments, Community Policies and Special Provisions.
2. Apartment. You are leasing the apartment listed above for use as a
private residence only.
2.1. Access. In accordance with this Lease, you'll receive access
information or devices for your apartment and mailbox, and
other access devices including:
2.2. Measurements. Any dimensions and sizes provided to you
relating to the apartment are only approximations or
estimates; actual dimensions and sizes may vary.
23. Representations.Youagreethatdesignationsoraccredi-
tations associated with the property are subject to change.
3. Rent.YoumustpayyourRentonorbeforethelstdayofeach
month (due date) without demand. There are no exceptions
regarding the payment ofRent and you agree not paying Rent on
or before the istof each month is a material breach of this Lease.
��
3.2.
3.3.
3.4.
3.5.
3.6.
Payments. You will pay your Rent by any method, manner
and place we specify in accordance with this Lease.
Cash is not acceptable without our prior written
permission. You cannot withhold or offset Rent unless
authorized 6ylaw. We may, at our option, require at any
time that you pay Rent and other sums due in one single
payment by any method we specify.
Application of Payments. Payment of each sum due is an
independent covenant, which means payments are due
regardless of our performance. When we receive money,
other than water and wastewater payments subject to
government regulation, we may apply it at our option and
without notice first to any of your unpaid obligations, then
to accrued rent. We may do so regardless of notations on
checks or money orders and regardless of when the
obligations arose. All sums other than Rent and late fees are
due upon our demand. After the due date, we do not have
to accept any payments.
Late Fees. If we don't receive your monthly base rent in full
when iYs due, you must pay latefees as outlined in Lease Details.
Returned Payment Fee. You'll paythe fee listed in Lease
Details for each returned check or rejected electronic
payment, plus initial and daily late fees ifapplicable, until
we receive full payment in an acceptable method.
Utilities and Services. You'll payfor all utilities and services,
related deposits, and any charges or fees when they are due
and as outlined in this Lease. Television channels that are
provided may be changed during the Lease term ifthe
change applies to all residents.
If your electricity is interrupted, you must use only battery-
operated lighting (no flames). You must not allow any
utilities (other than cable or Internet) to be cut off or
switched for any reason—including disconnection for not
paying your bills—until the Lease term or renewal period
ends. If a utility is individually metered, it must be connected
in your name and you must notify the provider of your move-
out date. If you delay getting service turned on in your name
bythis Lease's start date or cause it to be transferred back into
our name before you surrender or abandon the apartment,
you'll be liable for the charge listed above (not to exceed $50
per billing period), plus the actual or estimated cost of the
utilities used while the utilityshould have been billed to you.
Ifyour apartment is individually metered and you change
your retail electric provider, you must give us written notice.
You must pay all applicable providerfees, including anyfees
to change service back into our name after you move out.
Lease Changes. Lease changes are only allowed during the
Lease term or renewal period if governed by Par.10, specified
in Special Provisions in Par. 32, or by a written addendum or
amendment signed by you and us. At or after the end of the
initial Lease term, Rent increases will become effective with at
least 5 days plus the number of days' advance notice contained
in Box F on page 1 in writing from us to you. Your new Lease,
which may indude increased Rent or Lease changes, will begin
on the date stated in any advance notice we provide (without
needing your signature) unless you give us written move-out
notice under Par.25, which applies onlyto the end ofthe current
Lease term or renewal period.
4. Automatic Lease Renewal and Notice ofTermination.This Lease
will automatically renew month-to month unless either party gives
written notice of termination or intent to move out as required by Par.
25 an d specifi ed on pag e 1. If the number of days isn't filled in, no-
tice of at least 30 days is required.
5. SecurityDeposit.Thetotalsecuritydepositforallresidentsisdue
on or before the date this Lease is signed. Anyanimal deposit will be
designated in an animal addendum.5ecurity deposits may not be ap-
plied to Rent without our prior written consent.
5.1. Refunds and Deductions. You must give us your advance
notice of move out as provided by Par. 25 and forwardinq
address in writing to receive a written description and
itemized list of charges or refund. ln accordance with this
Lease and as allowed by law, we may deduct from your
security deposit any amounts due under this LeaseJl�ou
move out earlyorin response to a notice to vacate, you'll be
liable forreke�q tharges. Upon receipt of your move-out
date and forwarding address in writing, the security deposit
will be returned (less lawful deductions) with an itemized
accounting of any deductions, no later than 30 days after
surrender or abandonment, unless laws provide otherwise.
Any refund may be by one paymentjointly payable to all
residents and distributed to any one resident we choose,
or distributed equally among all residents.
6. Insurance. Our insurance doesn't cover the loss of or damage to
yourpersonal property. You will be required to have liability insur-
ance as specified in this Lease unless otherwise prohibited by law. If
you have insurance covering the apartment or your personal belong-
ings at the time you or we suffer or allege a loss, you agree to require
your insurance carrier to waive any insurance subrogation rights.
Even if not required, we urge you to obtain your own insurance for
losses due to theft, fire, flood, water, pipe leaks and similar occurrenc-
es. Most renter's insurance policies don't cover losses due to a flood.
7. Reletting and Early LeaseTermination. This Lease may not be ter-
minated early except as provided in this Lease.
7.1. RelettingCharge.You'llbeliableforarelettingchargeas
listed in Lease Details, (notto exceed 85%ofthe highest
monthly Rent during the Lease term) ifyou: (A) fail to move in,
or fail to give written move-out notice as required in Par. 25;
(B) move out without paying Rent in full for the entire Lease
term or renewal period; (C) move out at our demand because
of your default; or (D) arejudicially evided. The reletting
charge is not a termination, cancellation or buyout fee and
does not release you from your obligations under this Lease,
including liability for future or past-due Rent, charges for
damages or other sums due.
The reletting charge is a liquidated amount covering only
part of our damages—for our time, effort, and expense in
finding and processing a replacement resident. These
damages are uncertain and hard to ascertain—particularly
those relating to inconvenience, paperwork, advertising,
showing apartments, utilities for showing, checking pros-
pects, overhead, marketing costs, and locator-service fees.
You agreethatthe reletting charge is a reasonable estimate
of our damages and that the charge is due whether or not our
reletting attempts succeed.
7.2. Early LeaseTermination Option Procedure. In addition to
your termination rights referred to in 73 or 8.1 below, ifthis
provision applies under Lease Details, you may opt to
terminate this Lease prior to the end of the Lease term ifall of
the following occur: (a) as outlined in Lease Details, you give
us written notice of early termination, pay the Early Termina-
tion Option fee in full and specify the date by which you'll
move out; (b) you are not in default at any time and do not
hold over; and (c) you repay all rent concessions, credits or
discounts you received during the Lease term. If you are in
default, the Lease remedies apply.
73. SpecialTerminationRights.Youmayhavetherightunder
Texas law to terminate this Lease early in certain situations
involving military deployment or transfer, family violence,
tertain sexual offenses, stalking or death of a sole resident.
8. DelayofOccupancy.Wearenotresponsibleforanydelayofyour
occupancy caused by construction, repairs, deaning, or a previous
residenYs holding over. This Lease will remain in force subjectto
(1) abatement of Rent on a daily basis during delay, and (2) your right
to terminate this Lease in writing as set forth below. Rent abatement
and Lease termination do not apply ifthe delay is for cleaning or re-
pairs that don't prevent you from moving into the apartment.
8.1. Termination. If we give written notice to you of a delay in
occupancy when or after this Lease begins, you may termi-
nate this Lease within 3 days after you receive written notice.
If we give you written notice before the date this Lease begins
and the notice states that a construction or other delay is
expected and that the apartment will be ready for you to
occupy on a specific date, you may terminate this Lease within
7 days after receiving written notice.
After proper termination, you are entitled only to refund of
any deposit(s) and any Rent you paid.
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9. Care of Unit and Damages. You must promptly pay or reimburse us
for loss, damage, consequential damages, government fines or charg-
es, or cost of repairs or service in the apartment community because
of a Lease violation; improper use, negligence, or other conduct by
you, your invitees, your occupants, or your guests; or, as allowed by
law, any other cause not due to our negligence or fault, except for
damages by acts of God to the extent they couldn't be mitigated by
your action or inaction.
Unless damage or wastewater stoppage is due to our negligence,
we're not liable for—and you must pay for—repairs and replace-
ments occurring during the Lease term orrenewal period, includ-
ing: (AJ damage from wastewater stoppages caused by improper
objects in lines exclusively serving your apartment; (8) damage to
doors, windows, orscreens and (C) damage from windows or doors
left open.
10. CommunityPolicies.CommunityPoliciesbecomepartofthis
Leaseand mustbefollowed. We may make changes, including addi-
tions, to our written Community Policies, and those changes can be-
come effective immediately ifthe Community Policies are distributed
and applicable to all units in the apartment community and do not
change the dollaramounts owed underthis Lease.
10.1. Photo/Video Release. You give us permission to use any
photograph, likeness, image or video taken of you while
you are using property common areas or participating in
any event sponsored by us.
10.2. Disclosure of Information. At our sole option, we may,
but are not obligated to, share and use information related
to this Lease for law-enforcement, governmental, or business
purposes. At our request, you authorize any utility provider to
give us information about pending or actual connections or
disconnections of utility service to your apartment.
10.3. Guests. We may excludefrom the apartment community
any guests or others who, in our solejudgment, have been
violating the law, violating this Lease or our Community
Policies, or disturbing other residents, neighbors, visitors,
or owner representatives. We may also exclude from any
outside area or common area anyone who refuses to show
photo identification or refuses to identify himself or
herself as a resident, an authorized occupant, or a guest of
a specific resident in the community.
Anyone not listed in this Lease cannot stay in the
apartment for more than _ 7_ days in one week
without our prior written consent, and no more than twice
that many days in any one month. If the previous space
isn't filled in, 2 days total per week will be the limit.
10.4. NoticeofConvictionsandRegistration.Youmust
notify us within 15 days if you or any of your occupants:
(A) are convicted of any felony, (B) are convicted of any
misdemeanor involving a controlled substance, violence to
another person, or destruction of property, or (C) register as a
sex offender. Informing us of a criminal conviction or
sex-offender registration doesn't waive any rights we may
have against you.
10.5. Odors, Noise and Construction. You agree that odors
and smells (including those related to cooking),
everyday noises or sounds related to repair, renovation,
improvement, or construction in or around the property
are all a normal part of a multifamily living environment and
that it is impractical for us to prevent them from penetrating
your apartment.
11. Conduct. You agree to communicate and conduct yourself in a law-
ful, courteous and reasonable manner at all times when interacting
with us, our representatives and other residents or occupants. Any
acts of unlawful, discourteous or unreasonable communication or
conduct by you, your occupants or guests is a breach of this Lease.
You must use customarydiligence in maintaining the apartment,
keeping it in a sanitary condition and not damaging or littering the
common areas. Trash must be disposed of at least weekly. You will
use your apartment and all other areas, including any balconies, with
reasonable care. We may regulate the use of passageways, patios,
balconies, porches, and activities in common areas.
11.1. Prohibited Conduct. You, your occupants, and your guests
will not engage in certain prohibited conduct, including the
following activities:
(a) criminal conduct; manufacturing, delivering, or
possessing a controlled substance or drug parapher-
nalia; engaging in or threatening violence; possessing
a weapon prohibited by state law; discharging a firearm
in the apartment community; or, except when
allowed by law, displaying or possessing a gun, knife,
or other weapon in the common area, or in a way that
may alarm others;
(b) behaving in a loud, obnoxious or dangerous manner;
(c) disturbingorthreateningtherights,comfort,health,safety,
or convenience of others, including us, our agents, or our
representatives;
(d) disruptingourbusinessoperations;
(e) storing anything in closets containing water heaters or
gas appliances;
(f) tamperingwithutilitiesortelecommunication
equipment;
(g) bringing hazardous materials intothe apartment
community;
(h) using windows for entry or exit;
(i) heating the apartment with gas-operated appliances;
(j) making bad-faith or false allegations against us or our
agents to others;
(k) smoking of any kind, that is not in accordance with this
Lease;
(p using glass containers in or near pools; or
(m) conducting any kind of business (including child-care
services) in your apartment or in the apartment
community—except for any lawful business
conducted "at home" by computer, mail, or telephone if
customers, clients, patients, employees or other
business associates do not come to your apartment
for business purposes.
12. Animals.Nolivingcreaturesofanykindareallowed,eventempo-
rarily, anywhere in theapartmentorapartmentcommunityun-
less we've given written permission. If we a I low a n a n i ma I, you m ust
sign a separate Animal Addendum and, except as set forth in the ad-
dendum, payan animal deposit and applicablefees and additional
monthly rent, as applicable. An animal deposit is considered a gener-
al security deposit. You represent that any requests, statements and
representations you make, including those for an assistance or sup-
port animal, are true, accurate and made in good faith. Feeding stray,
feral or wild animals is a breach of this Lease.
12.1.
12.2.
Removal of Unauthorized Animal. We may remove an
unauthorized animal by (1) leaving, in a conspicuous
place in the apartment, a written notice of our intent to
remove the animal within 24 hours; and (2) following the
procedures of Par.14. We may: keep or kennel the animal;
turn the animal overto a humane society, local authority
or rescue organization; or return the animal to you if
we consent to your request to keep the animal and you
have completed and signed an Animal Addendum and
paid all fees. When keeping or kenneling an animal, we
won't be liable for loss, harm, sickness, or death of the
animal unless due to our negligence. You must payfor
the animal's reasonable care and kenneling charges.
Violations of Animal Policiesand Charges. Ifyou or
any guest or occupant violates the animal restrictions of
this Lease or our Community Policies, you'll be subject to
charges, damages, eviction, and other remedies
provided in this Lease, including animal violation charges
listed in Lease Details from the datethe animal was
brought into your apartment until it is removed. If an
animal has been in the apartment at any time during
your term of occupancy (with or without our consent),
we'll charge you for all cleaning and repair costs,
including defleaing, deodorizing, and shampooing. Initial
and daily animal-violation charges and animal-removal
charges are liquidated damages for our time,
inconvenience, and overhead in enforcing animal
restrictions and Community Policies.
13. Parking. You may not be guaranteed parking. We may regulate the
time, manner, and place of parking of all motorized vehicles and
other modes oftransportation, including bicycles and scooters, in
this Lease. In addition to other rights we have to tow or boot vehides
under state law, we also have the right to remove, at the expense of
the vehicle owner or operator, any vehicle that is not in compliance
with this Lease.
14. When We May Enter. If you or any other resident, guest or occupant
is present, then repair or service persons, contractors, law officers,
government representatives, lenders, appraisers, prospective resi-
dents or buyers, insurance agents, persons authorized to enter under
your rental application, or our representatives may peacefully enter
the apartment at reasonabletimesfor reasonable business purposes.
If nobody is in the apartment, then any such person may enter peace-
fully and at reasonable times (by breaking a window or other means
when necessary) for reasonable business purposes if written notice of
the entry is left in a conspicuous place in the apartment immediately
after the entry. We are under no obligation to enter only when you
are present, and we may, but are not obligated to, give prior notice or
make appointments.
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15. Requests,RepairsandMalfunctions.
15.1. WrittenRequestsRequired.lfyouoranyoccupantneeds
tosenda request—forexample, forrepairs, installations,
services, ownership disclosure, orsecurity-related matters—
itmust be written and delivered to ourdesignated
representative in accordance with this Lease (except for
fair-housing accommodation or modification requests or
situations involving imminent danger or threats to health or
safety, such as fire, smoke, gas, explosion, or crime in
progress). Our written notes regarding your oral request do
not constitute a written request from you.0ur complying
with or responding to any oral request doesn't waive the strict
requirement forwritten notices underthis Lease. A request
for maintenance or repair by anyone residing in your
apartment constitutes a request from all residents. The time,
manner, method and means of performing maintenance
and repairs, including whetheror which vendors to use,
are within our sole discretion.
15.2. Your Requirement to Notify. You must promptly notify us in
writing of air conditioning or heating problems, water leaks or
moisture, mold, electrical problems, malfunctioning lights,
broken or missing locks or latches, or any other condition that
poses a hazard or threat to property, health, or safety. Unless
we instruct otherwise, you are required to keep the
apartment cooled or heated according to this Lease. Air
conditioning problems are normally not emergencies.
15.3. Utilities. We may change or install utility lines or
equipment serving the apartment if the work is done
reasonably without substantially increasing your
utility costs. We may turn off equipment and interrupt
utilities as needed to perform work or to avoid
property damage or other emergencies. If utilities
malfunction or are damaged by fire, water, or similar
cause, you must notify our representative immediately.
15.4. Your Remedies. We'll act with customary diligence to
make repairs and reconnections within a reasonable
time, taking into consideration when casualty-insurance
proceeds are received. Unless required by statute after
a casualty loss, or during equipment repair, your Rent
will not abate in whole or in part. "Reasonable time"
accountsforthe severityand nature ofthe problem and
the reasonable availability of materials, labor, and
uti I ities. If we fail to timel y repair a condition that
materiallyaffects the physical healih orsafety ofan
ordinary resident as required by the Texas Property Code,
you may be entitled to exercise remedies under § 92.056
and § 92.0561 of the Texas Property Code. lf you follow
the procedures under those sections, the following
remeAies, among others, may be available to you:
(i) termination of this Lease and an appropriate refund
under 92.056(f); (2) have the condition repaired or
remedied according to § 92.0561; (3) deduct from the Rent
the cost of the repair or remedy according to § 92.0567;
and 4) judicial remedies according to § 92.0563.
16. Our Right to Terminate for Apartment Community Damage or
Closure. If, in our solejudgment, damages tothe unit or building are
significant or performanw of needed repairs poses a danger to you,
we may terminate this Lease and your right to possession by giving
you at least 7 days' written notice. If termination occurs, you agree
we'll refund only prorated rent and all deposits, minus lawful deduc-
tions. We may remove and dispose of your personal property if, in
our solejudgment, it causes a health or safety hazard or impedes our
abilityto make repairs.
Texas Property Code secs. 92.151, 92.153, and 92.154 require, with
some exceptions, that we provide at no cost to you when occupancy
begins: (A) a windowlatch on each window; (B) a doorviewer (peep-
hole or windowJ on each exteriordoor, (C) a pin lock on each sliding
door; (D) either a door-handle latch or a security bar on each sliding
door, (E) a keyless bolting device (deadbolt) on each exteriordoor;
and (F) either a keyed doorknob lock or a keyed deadbolt lock on
one entrydoor. Keyed locks will be rekeyed after the priorresident
moves out. The rekeying wi116e done either before you move in or
within 7 days after you move in, as required bylaw. If we fail to in-
stall orrekeysecurity devices as required by law, you have the right
to do so and deduct the reasonable cost from your next Rent pay-
ment under Texas Property Code sec. 92.765(1). We may deactivate
or not install keyless bolting devices on your doors if (A) you oran
occupant in the dwelling is over 55 or disabled, and (B) the require-
ments of Texas Property Code sec. 92.153(e) or (f) are satisfied.
18.1. Smoke Alarms and Detection Devices. We'll furnish
smoke alarms or other detection devices required by law
or city ordinance. We may instal I additional detectors
not so required. We'll test them and provide working
batteries when you first take possession of your
apartment. Upon request, we'll provide, as required by
law, a smoke alarm capable of alerting a person with a
hearing impairment.
You must pay for and replace batteries as needed,
unless the law provides otherwise. We may replace dead
or missing batteries at your expense, without prior notice
to you. Neither you nor your guests or occupants may
disable alarms or detectors. lf you damage ordisable the
smoke alarm or remove a battery without replacing it
with a working 6attery, you maybe liable to us under
Texas PropeMy Code sec. 92.2611 for$100 plus one
month's Rent, actual damages, and attorney's fees.
18.2. Duty to Report. You must immediately report to us any
missing, malfunctioning or defective security devices,
smoke alarms or detectors. You'll be liable if you fail to
report malfunctions, or fail to report any loss, damage, or
fines resulting from fire, smoke, or water.
19. Resident5afetyandLoss.Unlessotherwiserequiredbylaw,none
of us, our employees, agents, or management companies are liable
to you, your guests or occupants forany damage, personal injury,
loss to personal property, orloss of business or personal income,
from any cause, including but not limited to: negligent or intention-
al acts ofresidents, occupants, orguests thek, burglary, assault,
vandalism or other crimes; fire, Flood, water leaks, rain, hail, ice,
snow, smoke, lightning, wind, explosions, interruption ofutilities,
pipe leaks orother occurrences unless such damage, injuryor loss is
caused exclusively by ournegligence.
We do not warrantsecurityofany kind. You agree that you will not
rely upon any security measures taken by us for personal security,
and that you will call 911 and local law enforcement authorities if any
security needs arise.
You acknowledge that we are not equipped or trained to provide
personal security services to you, your guests or occupants. You rec-
ognize that we are not required to provide any private security ser-
vices and that no security devices or measures on the property are
fail-safe. You further acknowledge that, even if an alarm or gate ame-
nities are provided, they are mechanical devices that can malfunc-
tion. Any charges resulting from the use of an intrusion alarm will be
charged to you, including, but not limited to, anyfalse alarms with
police/fire/ambulance response or other required city charges.
20. ConditionofthePremisesandAlterations.
16.1. Property Closure. We also have the right to terminate 20.1.
this Lease and your right to possession by giving you at
least 30 days' written notice of termination if we are
demolishing your apartment or closing it and it will no
longer be used for residential purposes for at least 6
months, or if any part of the property becomes subject to
an eminent domain proceeding.
17. Assignments and Subletting. You may not assign this Lease or sub-
let your apartment. You agree that you won't rent, offer to rent or
license all or any part of your apartment to anyone else unless other-
wise agreed to in advance by us in writing. You agree that you won't
accept anything of value from anyone else for the use of any part of
your apartment. You agree not to list any part of your apartment on
any lodging or short-term rental website or with any person or ser-
vice that advertises dwellings for rent.
18. Security and Safety Devices. We'll payfor missing security de-
vices that are required by law. You'll �ay for: (A1 reke�a that
you request (unless wefailed to rekey afterthe previous resi-
dent moved out); and (B) repairs or replacements because of
misuse or damage byyou or your family your occupants, or your
ug ests• You must pay immediately after the work is done unless state
law authorizes advance payment. You must also pay in advance for
any additional or changed security devices you request.
As-Is. We disclaim all implied warranties. You accept the
apartment, fixtures, and furniture as is, except for
conditions materially affecting the health or safety of
ordinary persons. You'll be given an Inventory and
Condition Form at or before move-in. You agree that
after completion ofthe form or within 48 hours after
move-in, whichever comes first, you must note on the
form all defects or damage, sign the form, return it to
us, and the form accurately reflects the condition of the
premisesfor purposes ofdetermining any refund dueto
you when you move out. Otherwise, everything will be
considered to be in a dean, safe, and good working
condition. You must still send a separate request for any
repairs needed as provided by Par.15.1.
20.2. Standards and Improvements. Unless authorized by
law or by us in writing, you must not perform any repairs,
painting, wallpapering, carpeting, electrical changes, or
otherwise alter our property. No holes or stickers are
allowed inside or outside the apartment. Unless this Lease
states otherwise, we'll permit a reasonable number of small
nail holesfor hanging pictures on sheetrockwalls and in
grooves of wood-paneled walls. No water furniture, washing
machines, dryers, extra phone or television outlets, alarm
systems, cameras, two-way talk device, video or other door-
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bells, or lock changes, additions, or rekeying is permitted
unless required by law or we've consented in writing. You may
install a satellite dish or antenna, but only if you sign our
satellite dish or antenna lease addendum, which complies
with reasonable restrictions allowed by federal law. You must
not alter, damage, or remove our property, including alarm
systems, detection devices, appliances,furniture, telephone
and television wiring, screens, locks, or security devices. When
you move in, we'll supply light bulbs for fixtures we furnish, in-
cluding exterior fixtures operated from inside the apartment;
after that, you'll replace them at your expense
with bulbs of the same type and wattage. Your improvements
to the apartment (made with or without our consent) become
ours unless we agree otherwise in writing.
21. Notices. Written notice to or from our employees, agents, or
management companies constitutes notice to or from us. Notices to
you or any other resident ofthe apartment constitute notice to all
residents. Notices and requests from any resident constitute notice
from all residents. Only residents can give notice of Lease termination
and intent to move out under Par. 73. All notices and documents will
be in English and, at our option, in any other language that you read
orspeak.
21.1. Electronic Notice. Notice may be given electronically by
us to you if allowed by law. If allowed by law and in
accordance with this Lease, electronic notice from you to us
must be sent to the email address and/or portal specified in
this Lease. Notice may also be given by phone call or to a
physical address if allowed in this Lease.
You represent that you have provided your current email
address to us, and that you will notify us in the event your
email address changes.
22. Liability.EachresidentisjointlyandseverallyliableforallLease
obligations. Ifyou or any guest or occupant violates this Lease or our
Community Policies, all residents are considered to have violated this
Lease.
22.1. Indemnification byYou. You7ldefend, indemnifyandhold us
and our employees, agents, and management company
harmless from allliability arising from yourconduct or
requests to our representatives and from the conduct of or
requests by your invitees, occupants or guests.
23. DefaultbyResident.
23.1.
23.2.
Acts of Default. You'll be in default if: (A) you don't
timely pay Rent, including monthly recurring charges, or
other amounts you owe; (B) you or any guest or
occupant violates this Lease, our Community Policies,
or fire, safety, health, criminal or other laws, regardless of
whether or where arrest or conviction occurs; (C) you
give incorrect, incomplete, orfalse answers in a rental
application or in this Lease; or (D) you or any occupant is
charged, detained, convicted, or given deferred
adjudication or pretrial diversion for (1) an offense
involving actual or potential physical harm to a person, or
involving the manufacture or delivery of a controlled
substance, marijuana, or drug paraphernalia as defined
in the Texas Controlled Substances Act, or (2) any sex-
related crime, including a misdemeanor.
Eviction.lfyoudefault includingholdingover,wemay
end yourright of occupancy bygiving you at least a 24-
hour written notice to vacate. Termination of your possession
rights doesn't release you from liability for future Rent or
other Lease obligations. Aftergiving notice to vacate or
filinganevictionsuit wemaystillacceptRentorother
sums due; the filing or acceptance doesn't waive or
diminish our right of eviction or any other contrattual or
statutoryright. Accepting money at any time doesn't waive
our right to damages, to past or future Rent or other sums,
or to our continuing with eviction proceedings. In an eviction,
Rent is owed for the full rental period and will not be
prorated.
23.3. Acceleration. Unless we elect not to accelerate Rent, all
monthly Rent for the rest of the Lease term or renewal
period will be accelerated automatically without notice
or demand (before or after acceleration) and will be
immediately due if, without our written consent: (A) you
move out, remove property in preparing to move out,
or you or any occupant gives oral or written notice of
intent to move out before the Lease term or renewal
period ends; and (B) you haven't paid all Rent for the
entire Lease term or renewal period. Remaining Rent will
also be accelerated if you're judicially evicted or move
out when we demand because you've defaulted.
If you don't pay the first month's Rent when or before this Lease
begins, all future Rent for the Lease term wi II be automatically
accelerated without notice and become immediatelydue. We
also may end your right of occu pa ncy and recover damages,
future Rent, attorney's fees, court costs, and other lawful charges.
23.4. Holdover. You and all occupants must vacate and surrender
the apartment by or before the date contained in: (1) your
move-out notice (2) our notice to vacate, (3) our notice of
non-renewal, or (4) a written agreement specifying a different
move-out date. If a holdover occurs, then you'll be liable to us
for all Rent forthe full term of the previously signed lease of a
new resident who can't occupy because ofthe holdover, and
at our option, we may extend the Lease term and/or increase
the Rent by 25°/a by delivering written notice to you or your
apartment while you continue to hold over.
23.5. Other Remedies. We may report unpaid amounts to
credit agencies as allowed by law. If we or our debt
collector tries to collect any money you owe us, you
agree that we or the debt collector may contact you by
any legal means. If you default, you will pay us, in addition
to other sums due, any rental discounts or concessions
agreed to in writing that have been applied to your account.
We may recover attorney's fees in connection with enforcing
our rights underthis Lease. All unpaid amounts you owe bear
interest at the rate provided byTexas Finance Code Section
304.003(c) from the due date. You must pay all collection-
agency fees if you fail to pay sums due within 10 days after
you are mailed a letter demanding payment and stating that
collection-agency fees will be added if you don't pay all sums
bythat deadline. You are also liable for a charge (not to
exceed $150) to cover our time, cost and expense for any
eviction proceeding against you, plus our attorney's fees and
expenses, court costs, and filing fees actually paid.
24. Representatives'AuthorityandWaivers.0urrepresentatives(in-
cluding management personnel, employees, and agents) have no
authority to waive, amend, or terminate this Lease or any part ofit
unless in writing and signeA, and no authority to make promises, rep-
resentations, oragreements thatimpose security duties or other ob-
ligations on us or our representatives, unless in writing and signed.
No action or omission by us will be considered a waiver of our rights or of
any subsequent violation, default, or time or place of performance. Our
thoice to enforce, not enforce ordelay enforcement of written-no-
ticerequirements, rental due dates, acceleration, liens, oranyother
rights isn4a waiverunderanycircumstances. Delay in demanding
sums you owe is not a waiver. Except when notice or demand is required
by law, you waive any notice and demand for performance from us if you
default. Nothing in this Lease constitutes a waiver of our remedies for a
breach under your prior lease that occurred before the Lease term beg ins.
Your Lease is subordinateto existing and future recorded mortgages, un-
less the owner's lender chooses otherwise.
All remedies are cumulativa Exercising one remedy won't constitute
an election or waiver of other remedies. All provisions regarding our
nonliability or nonduty apply to our employees, agents, and manage-
ment companies. No employee, agent, or management company is
personally liable for any of our contractual, statutory, or other obliga-
tions merely by virtue of acting on our behalf.
25. Move-OutNotice. Beforemovingout,youmustgiveourrepresen-
tative advance written move-out notice as statedin Par. 4, even if
this Lease has become a month-to-month lease. The move-out date
can't be changed unless we and you both agree in writing.
Your move-out notice must comply with each of the following:
(a) Unless we require more than 30 days' notice, if you give
notice on the first day ofthe month you intend to move
out, move out will be on the last day of that month.
(b) Your move-out notice must not terminate this Lease
before the end ofthe Lease term or renewal period.
(c) If we require you to give us more than 30 days' written
notice to move out before the end of the Lease term, we
will give you 1 written reminder not less than 5 days nor
more than 90 days before your deadline for giving us
your written move-out notice. If we fail to give a reminder
notice, 30 days' written notice to move out is required.
(d) Youmustgetfromusawrittenacknowledgmentofyour
notice.
26. Move-Out Procedures.
26.1. Cleaning.Youmustthoroughlycleantheapartment,including
doors, windows,furniture, bathrooms, kitchen appliances,
patios, balconies, garages, carports, and storage rooms. You
must follow move-out cleaning instructions if they have been
provided. If you don't clean adequately, you'll be liable for
reasonable cleaning charges—including charges for cleaning
carpets, draperies, furniture, walls, etc. that are soiled beyond
Apartment Lease Contract o2023, Texas Apartment Association, Inc Page 5 of 6
Blue Moon eSi nature Services Document ID: 453707944
normal wear (that is, wear or soiling that occurs without
negligence, carelessness, accident, or abuse).
26.2. Move-Out Inspection. We may, but are not obligated to,
provide a joint move-out inspection. Our representatives
have no authority to bind or limit us regarding deductions for
repairs, damages, or charges. Any statements or estimates by
us or our representative are subject to our correction, modi- 31.2.
fication, or disapproval before final accounting or refunding.
27. Surrender and Abandonment. You have surrendered the apartment
when: (A) the move-out date has passed and no one is living in the
apartment in our reasonablejudgment; or(B) apartment keys and ac-
cess devices listed in Par. 2.1 have been turned in to us—whichever
happens first.
You have abandoned the apartment when all of the following have
occurred:(A)everyoneappearsto have moved outin ourreasonable
judgment; (B) you've been in default for nonpayment of Rent for 5
consecutive days, or water, gas, or electric service for the apartment
not conneded in our name has been terminated or transferred; and
(C) you've not responded for 2 days to our notice left on the inside of
the main entry door stating that we consider the apartment aban-
doned. An apartment is also considered abandoned 10 days after the
death of a sole resident.
27.1. The Ending of Your Rights. Surrender, abandonment, or
judicial eviction ends your right of possession for all purposes
and gives us the immediate right to clean up, make repairs in,
and relet the apartment; determine any security-deposit
deductions; and remove or store property left in the apartment.
27.2. Removal and Storage of Property. We, or law officers, may—
but have no duty to—remove or store all property that in our
solejudgment belongs to you and remains in the apartment
or in common areas (including anyvehicles you or any
occupant or guest owns or uses) after you'rejudicially evicted
or if you surrender or abandon the apartment.
YOD UNDERSTAND THAT, WITHOUTTHIS WAIVER, YOU
COULD BE A PARTY IN A CLASS ACTION LAWSUIT. BY
SIGNING THIS LEASE. YOU ACCEPTTHIS WAIVER AND
CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY.
THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE
THE TERMINATION OR EXPIRATION OF THIS LEASE.
Force Majeure. If we are prevented from completing substan-
tial performance ofanyobligation underthis Lease by
occurrences that are beyond our control, induding but
not limited to, an act of God, strikes, epidemics, war, acts of
terrorism, riots, flood, fire, hurricane, tornado, sabotage or
governmental regulation, then we shall be excused from any
further performance of obligations to the fullest extent
allowed by law.
32. Special Provisions. The following, or attached Special Provisions and
anyaddenda or Community Policies provided toyou, are part ofthis
Lease and supersede any conflicting provisions in this Lease.
No cash will be accepted. No personal
checks after the 3rd of the month.
After 2 NSF checks we will only accept
certified funds. NO SATELLITE DISH
ALLOWED. NO WINDOW A/C UNITS ALLOWED.
3rd LEASE VIOLATIONS WILL BE A NOTICE
TO VACATE/EVICTION. Delivery Notice Eee
of S25 will be assessed if we deliver
notice to vacate.
We're not liable for casualty, loss, damage, or theft. You
must pay reasonable charges for our packing, removing and
storing any property.
Except for animals, we may throw away or give to a charitable
organization all personal property that is:
(1) left in the apartment after surrender or abandonment; or
(2) left outside more than 1 hour after writ of possession is
executed, following judicial eviction.
An animal removed after surrender, abandonment, or eviction
may be kenneled or turned over to a local authority, humane
society, or rescue organization.
28. TAA Membership. We, the management company representing us,
or any locator service that you used confirms membership in good
standing of both the Texas Apartment Association and the affiliated
local apartment association for the area where the apartment is
located at the time of signing this Lease. If not, the following applies:
(A) this Lease is voidable at your option and is unenforceable by us
(except for property damages); and (B) we may not recover past or
future rent or other charges. The above remedies also apply if both
ofthefollowing occur: (1) this Lease is automatically renewed on a
month-to-month basis more than once after membership in TAA and
the local association has lapsed; and (2) neither the owner nor the man-
agement company is a member ofTAA and the local association during
the third automatic renewal. A signed affidavitfrom the affiliated local
apartment association attesting to nonmembership when this Lease
or renewal was signed will be conclusive evidence of nonmembership.
Governmental entities may useTAA forms ifTAA agrees in writing.
Name, address and telephone number of locator service (if applicable):
29. Severability and Survivability. If any provision ofthis Lease is inval-
id or unenforceable under applicable law, it won't invalidate the re-
mainder of this Lease or change the intent of the parties. Paragraphs
10.7,10.2,16, 22.1, 27, 30 and 31 shall survive the termination of
this Lease. This Lease binds subsequent owners.
30. Gontrolling Law. Texas law governs this Lease. All litigation arising
under this Lease and all Lease obligations must be brought in the
county, and precinct ifapplicable, wherethe apartment is located.
31. Waivers. BysigningthisLease,youagreetothefollowing:
31.1. Class Action Waiver. You agree that you will not participate
in any class action claims against us or our employees, agents,
or management company. You must file any claim against us
individually, and you expressly waive your right to bring,
represent join or otherwise maintain a class action,
collettive action orsimilar proceeding against us in
any forum.
Before submitting a rental application or signing this Lease, you
should review the documents and may consult an attorney. You are
bound by this Lease when it is signed. An electronic signature is
binding. This Lease, including all addenda, is the entire agreement
between you and us. You agreethat you are NOT relying on any
oralrepresentations.
Resident orResidents (all sign below)
(
(Name of Resident)
(Name of Resident)
(Name of Resident)
(Name of Resident)
(Name of Resident)
Date signed
Date signed
Date signed
Date signed
Date signed
,.
Apartment Lease Contract, TAA Official Statewide Form 23-A/B-1 /B-2 Revised October 2023 Page 6 of 6
Blue Moon eSi nature Services Document ID: 453707944
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Inventory and Condition Form
Within 48 hours after move-in, you must note on this form all defects, damage, or safety or pest-related concerns and return it to our representative.
Otherwise, everything will be considered to be in a clean, safe, and good working condition. Please mark through items listed below or put "none"if the
items don't exist. This form protects both you (the resident) and us (the owner). We'll use it in determining what should and should not be considered
your responsibility upon move-out. You are entitled to a copy of this form after it is filled out and signed by you and us.
O Move-In or O Move-Out Condition (Checkone)
Living Room Dining Room
Walls Walls
Wallpaper _
Plugs, switches, A/C vents
Woodwork/baseboards _
Ceiling _
Light fixtures, bulbs
Floor/carpet _
Wallpaper
Plugs, switches, A/C vents
Woodwork/baseboards _
Ceiling
Light fixtures, bulbs
Floor/carpet
Doors, stops, locks __
Windows, latches, screens
Window coverings
Closets,rods,shelves _
Closet lights, fixtures
Lamps, bulbs
Water stains or mold on walls, ceilings or baseboards
Other
Kitchen
Walls
Wallpaper
Plugs, switches, A/C vents
WoodworWbaseboards _
Ceiling
Light fixtures, bulbs
Floor/carpet
Doors, stops, locks
Windows, latches, screens
Window coverings
Cabinets, drawers, handles _
Countertops
Stove/oven, trays, pans, shelves
Vent hood
Refrigerator,trays,shelves _
Refrigerator light, crisper
Dishwasher, dispensers, racks _
SinWdisposal
Microwave
Plumbing leaks, water stains or mold on walls, ceilings or baseboards
Other
General Items
Thermostat
CableTV or master anten
Doors, stops, locks
Windows, latches, screens
Window coverings
Closets,rods,shelves _
Closet lights, fixtures
Water stains or mold on walls, ceilings or baseboards
Other
Halls
Walls
Wallpaper
Plugs, switches, A/C vents
WoodworWbaseboards _
Ceiling
Light fixtures, bulbs _
Floor/carpet
Doors, stops, locks
Closets,rods,shelves
Closet lights, fixtures
Water stains or mold on walls, ceilings or baseboards
Other
Exterior (if applicable)
Patio/yard
Faucets _
Balconies
Other
Bedroom (describe which one):
Walls
Wallpaper
Plugs, switches, A/C vents
Woodwork/baseboards _
Ceiling_
Light fixtures, bulbs
Floor/carpet
Cable wires
A/C filter poors, stops, locks
Washer/dryer Windows, latches, screens
Garage door Window coverings
Ceiling fans Closets, rods, shelves
Exterior doors, screens/screen doors, doorbell Closet lights, fixtures
Water stains or mold on walls, ceilings or baseboards_
Fireplace _ _ _
Other Other_
O TE%FS APARTMENT ASSOCIATION� INC.� ZO24 CONTINUED ON BACK SIDE
Blue Moon eSi nature Services Document ID: 453707944
Bedroom (desaibe which one):
Walls
Wallpaper
Plugs, switches, A/� vents
Woodwork/baseboards _
Ceiling
Light fixtures, bulbs
Floor/carpet
Doors, stops, locks
Windows, latches, screens
Window coverings
Closets,rods,shelves
Closet lights, fixtures
Water stains or mold on walls, ceilings or baseboards
Other
Bath (describe which one): _
Walls _ _
Wallpaper
Plugs, switches, A/� vents
Woodwork/baseboards _
Ceiling
Light fixtures, bulbs
Exhaustfan/heater
Floor/carpet
Doors, stops, locks
Windows, latches, screens
Window coverings
Sink, faucet, handles, stopper
Countertops
Mirror
Cabinets, drawers, handles
Toilet, paper holder
Bathtub, enclosure, stopper
Shower, doors, rods
Tile
Plumbing leaks, water stains or mold on walls, ceilings or baseboards
Other
Half Bath
Walls _
Wallpaper
Plugs, switches, A/� vents
Woodwork/baseboards _
Ceiling
Light fixtures, bulbs
Exhaustfan/heater
Floor/carpet
Doors, stops, locks
Windows, latches, screens
Window coverings
Sink, faucet, handles, stopper
Countertops
Mirror
Cabinets, drawers, handles
Toilet, paper holder
Tile
Plumbing leaks, water stains or mold on walls, ceilings or baseboards
Other
Bedroom (desaibe which one):
Walls
Wallpaper
Plugs, switches, A/C vents
Woodwork/baseboards _
Ceiling
Light fixtures, bulbs
Floor/carpet
Doors, stops, locks
Windows, latches, screens
Window coverings
Closets,rods,shelves _
Closet lights, fixtures
Water stains or mold on walls, ceilings or baseboards
Other
Bath (desaibe which one): _
Walls
Wallpaper
Plugs, switches, A/C vents
Woodwork/baseboards _
Ceiling
Light fixtures, bulbs
Exhaustfan/heater
Floor/carpet
Doors, stops, locks
Windows, latches, screens
Window coverings
Sink, faucet, handles, stopper
Countertops
Mirror
Cabinets, drawers, handles
Toilet, paper holder
Bathtub,enclosure,stopper
Shower, doors, rods
Tile
Plumbing leaks, water stains or mold on walls, ceilings or baseboards
Other
Safety or Pest-Related Items (Put "none" ifitem does notexist)
Door knob locks
Keyed deadbolt locks
Keyless deadbolts
Keyless bolting devices
Sliding door latches
Sliding door security bars
Sliding door pin locks
Doorviewers
Window latches
Porch and patio lights
Smoke alarms (push button to test)
Other detectors
Alarm system
Fire extinguishers (look at charge level—BUT DON'TTEST!)
Garage door opener
Gate access card(s)
Other
Pest-related concerns
Date of Move-In:
or Date of Move-Out:
Acknowledgment. You agree you will complete and submit this form in accordance with this Lease and our Community Policies. You acknowledge you will
inspect and test all the safety-related items (if in the dwelling), as well as smoke alarms and any other detector(s), and confirm that they are working, except as
noted on your completed Inventory and Condition Form. All items will be assumed to be in good condition unless otherwise noted.You acknowledge you will
receive written operating instructions on the alarm system and gate access entry systems (ifthere are any).You acknowledge that you will inspect the dwelling
and confirm no signs of bed bugs or other pests are present, or that you will report any bed bug or pest issues through a work order or other repair request.
In signing below, you acknowledge receipt of this form and accept the responsibility for completing it as part of the Lease Contract.
You agree that, either after completion or 48 hours after move-in without returning this form (whichever comes first), it accurately
reflects the condition of the premises for purposes of determining any refund due to you when you move out.
Resident or ResidenYs Agent:
Owner or Owner's Representative:
Date of Signing:
Date of Signing:
FOR OFFICE USE ONLY.
Date completed form was received: Received by:
TAAOfficial5tateWideForm2�-H,RevisedMay,2024 �
Copyright2024,TexasApartmentAssociation,lnc .,,,.,_„�
Blue Moon eSi nature Services Document ID: 453707944
����'� Mold Information and Prevention
i r;t�4:���.�t� �.��-. �,���,�:� �� ���. Addendum
Please note: We want to maintain a high-qualiYyliving environment forourresidenYs. To help achieve this goal,
it is important that we work Yogether to minimize any mold growth in your dwelling. This Addendum contains
important information for you, and responsibiliYies for both you and us.
1.
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 of cleaning—apply a premixed spray-on household
biocide.
(name of apartments)
or other dwelling located at
(streetaddress ofhouse, duplex, etc.)
City/State/Zip where dwelling is located:
Do not clean or apply biocides to visible mold on porous sur-
faces such as sheetrock walls or ceilings or to large areas of visible
mold on nonporous surfaces. Instead, notify us in writing and we
will take appropriate action to comply with Section 92.051 et seq. of
the Texas Property Code, subject to the special exceptions for natu-
ral disasters.
If you fail to comply with this addendum, you can be held respon-
2. About Mold. Mold is found everywhere in our environment, both sible for property damage to the dwelling and any health problems
indoors and outdoors and in both new and old structures. To avoid that may result.
mold growth, iYs 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.
This Addendum is part of your Lease.
You are legally bound by this document. Please read it carefully.
Resident or Residents (all sign below)
(�
TAA Official Statewide Form 23-FF, Revised O�tober, 2023 Q
Copyright2023,TexasApartmentAssociation,lnc -.,.._.,
Blue Moon eSi nature Services Document ID: 453707944
�� ���A
���:��ti.�l'�!t'llVl�.\'I �tiS[]i:11'l l(}\'
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:
or other dwelling located at
(street address of house, duplex, etc.)
City/State where dwelling is located
2. Security Guidelines. We disclaim any express or implied
warranties of security. We care about your safety and
that of other occupants and guests. No security system
is failsafe Even the best system can't prevent crime.
Always act as if security systems don't exist since
they are subject to malfunttion, tampering, and hu-
man error. The best safety measures are the ones
you perform as a matter of common sense and habit.
Inform all other occupants in your dwelling, including any
children you may have, about these guidelines. We recom-
mend that all residents and occupants use common sense
and follow crime prevention tips, such as those listed below:
• In case of emergency, call 911. Always report emergencies
to authorities first and then contact the management.
• Report any suspicious activity to the police first, and then
follow up with a written notice to us.
• Know your neighbors. Watching out for each other is one
of the best defenses against crime.
• Keep your keys handy at al I times when walking to your
car or home.
• Do not go inside if you arrive home and find your door
open.Callthe policefrom anotherlocation andaskthem
to meet you before entering.
• Make sure locks, latches and sliding glass doors are
properly secured at all times.
• Use the keyless deadbolt in your unit when you are at
home.
Don't put your name or address on your key ring or hide
extra keys in obvious places, like under a flower pot. If
you losea keyorhaveconcernsaboutkeysafety,wewill
rekeyyourlocksatyourexpense, in accordancewith the
Lease.
Checkthedoorviewerbeforeansweringthedoor. Don't
open the door ifyou don't knowthe person or have any
doubts. Children who are old enough to take care of
themselves should never let anyone inside when home
without an adult.
Regularlycheckyoursecuritydevices,smokealarmsand
other detection devices to make sure they are working
properly. Alarm and detection device batteries should
be tested monthly and replaced at least twice a year.
Immediately report in writing (dated and signed) to us
any needed repairs of security devices, doors, windows,
smoke alarms and other detection devices , as well as
anyother malfunctioning safetydeviceson the property,
such as broken access gates, burned out exterior lights,
etc.
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 Q
Copyright 2015,Texas Apartment Association, Inc ...,....,..
Blue Moon eSi nature Services Document ID: 453707944
� JI .��*�!
,,:,,� ,,,,,t,,,, . , ,�5�,, ,,, ,,,. Asbestos Addendum
1.
or other dwelling located at
(street address ofhouse, duplex, etc.)
City/State where dwelling is located
2. Asbestos. In most dwellings which were built prior to 1981,
asbestos was commonly used as a construction material. In
various parts of your dwelling, asbestos materials may have
been used in the original construction or in renovations prior
totheenactmentoffederal lawswhich limitasbestos in certain
construction materials.
Federal Recommendations.The United States Environmental
Protection Agency (EPA) has determined that the mere
presence of asbestos materials does not pose a health risk to
residents and that such materials are safe so long as they are
notdislodged ordisturbed in a mannerthatcausestheasbestos
fibersto be released. Disturbances includesanding, scraping,
pounding, or other techniques that produce dust and cause
the asbestos particles to become airborne. The EPA does not
require that intact asbestos materials be removed. Instead,
the law simply requires that we take reasonable precautions
to minimize the chance of damage or disturbance of those
materials.
Community Policies and Rules. You, your families, other
occupants, and guests must not disturb or attach anything to
the walls, ceilings, fl oor tiles, or insulation behind the walls or
ceilings inyourdwelling unlessspecifi callyallowed in owner's
rulesorcommunitypoliciesthatare separatelyattachedtothis
Lease Contract.The foregoing prevails over other provisions
ofthe Lease Contracttothe contrary. Please reportany ceiling
leaks to management promptly so that pieces of acoustical
ceiling material or ceiling tiles do notfall to the fl oor and get
disturbed by people walking on the fallen material.
Your are entitled to receive a copy of this Addendum after it is fully signed. Keep it in a safe place.
TAA Official Statewide Form 15-Y, Revised January, 2015. �
Copyright 2015, Texas Apartment Association, Inc .,,,..,,_
Blue Moon eSi nature Services Document ID: 453707944
,
When water and wastewater bills are paid 100 percent by the property owner, residents have
no incentive to conserve water. This results in a waste of our state’s natural resources and adds to the overhead of the
property—and that usually means higher rents. Allocation of water bills saves money for residents because it encourages
them to conserve water and wastewater. We as owners also have incentive to conserve because we are required by law to
pay a portion of the total water bill(s) for the entire apartment community.
Payment of your allocated water/wastewater bill is due 16 days after the date it is postmarked
or hand delivered to your apartment. You agree to mail or deliver payment to the place indicated on your bill so that payment
is received no later than the due date. You will pay a late charge of 5 percent of your water/wastewater bill if we don’t receive
timely payment. If you are late in paying the water bill, we may not cut off your water; but we may immediately exercise all
other lawful remedies, including eviction—just like late payment of rent.
Your monthly rent under the TAA Lease Contract does not include a charge for water and
wastewater. Instead, you will be receiving a separate bill from us each month for such utilities. We may include this item as
a separate and distinct charge as part of a multi-item bill. We will allocate the monthly mastermeter water/wastewater bill(s)
for the apartment community, based on an allocation method approved by the Public Utility Commission of Texas (PUC) and
described below.
The allocation method that we will use in calculating your bill is noted below and described in the following subdivision of
Section 24.281 of the PUC rules (check only one):
subdivision (i) actual occupancy;
subdivision (ii) ratio occupancy (PUC average for number of occupants in unit);
subdivision (iii) average occupancy (PUC average for number of bedrooms in unit);
subdivision (iv) combination of actual occupancy and square feet of the apartment; or
subdivision (v) submetered hot/cold water, ratio to total.
The normal date on which the utility company sends its monthly bill to us for the water/wastewater mastermeter is about
the day of the month. Within 10 days thereafter, we will try to allocate that mastermeter bill among our residents by
allocated billings.
We will calculate your allocated share of the mastermetered water/wastewater bill according
to PUC rules. Before calculating your portion of the bill, we will deduct for irrigation of landscaping and all other common area
uses, as required by PUC rules. We will also deduct for any utility company base charges and customer service charges
so that you won’t be paying any part of such charges for vacant units. No administrative or other fees will be added to the
total mastermeter water/wastewater bill(s) to be allocated unless expressly allowed by PUC rules. No other amounts will be
included in the bill except your unpaid balances and any late fees you incur. If we fail to pay our mastermeter bill to the utility
company on time and incur penalties or interest, no portion of such amounts will be included in your bill.
The above allocation formula for determining your share of the mastermetered water/
wastewater bill cannot be changed except as follows: (1) the new formula is one approved by the PUC; (2) you receive notice
of the new formula at least 35 days before it takes effect; and (3) you agree to the change in a signed lease renewal or signed
mutual agreement.
the previous calendar year was $ per unit, varying from $ to $ for the lowest
to highest month’s bills for any unit in the apartment community for this period, if such information is available. The above
water consumption habits, etc.
the utility company; (2) our calculations of your monthly allocations; and (3) any other information available to you under PUC
rules. Please give us reasonable advance notice to gather the data. Any disputes relating to the computation of your bill will
be between you and us.
Water allocation billing is regulated by the PUC. A copy of the rules is attached. This addendum complies with those
rules.
We agree to use our best efforts to repair any water leaks inside or outside your apartment no later
than 7 days after learning of them. You agree to use your best efforts to conserve water and notify us of leaks.
____________________________________________________________
Water allocation and submetering is regulated by the Texas Public Utility Commission (PUC). In
accordance with PUC rules, a copy of the applicable rules is provided to you below:
SUBCHAPTER I: WATER UTILITY SUBMETERING AND ALLOCATION
§ 24.275. General Rules and Definitions
(a) Purpose and scope. The provisions of this subchapter are intended to
establish a comprehensive regulatory system to assure that the practices
involving submetered and allocated billing of dwelling units and multiple use
facilities for water and sewer utility service are just and reasonable and
include appropriate safeguards for tenants.
(b) Application. The provisions of this subchapter apply to apartment houses,
condominiums, multiple use facilities, and manufactured home rental
communities billing for water and wastewater utility service on a submetered
or allocated basis. The provisions of this subchapter do not limit the authority
of an owner, operator, or manager of an apartment house, manufactured
home rental community, or multiple use facility to charge, bill for, or collect
rent, an assessment, an administrative fee, a fee relating to upkeep or
management of chilled water, boiler, heating, ventilation, air conditioning, or
other building system, or any other amount that is unrelated to water and
sewer utility service costs.
(c) Definitions. The following words and terms, when used in this subchapter,
have the defined meanings, unless the context clearly indicates otherwise.
(1) Allocated utility service--Water or wastewater utility service that is
master metered to an owner by a retail public utility and allocated to tenants
by the owner.
(2) Apartment house--A building or buildings containing five or more
dwelling units that are occupied primarily for nontransient use, including a
residential condominium whether rented or owner occupied, and if a
dwelling unit is rented, having rent paid at intervals of one month or more.
(3) Condominium manager--A condominium unit owners' association
organized under Texas Property Code §82.101, or an incorporated or
unincorporated entity comprising the council of owners under Chapter 81,
Property Code. Condominium Manager and Manager of a Condominium
have the same meaning.
(4) Customer service charge--A customer service charge is a rate that is
not dependent on the amount of water used through the master meter.
(5) Dwelling unit--One or more rooms in an apartment house or
condominium, suitable for occupancy as a residence, and containing
kitchen and bathroom facilities; a unit in a multiple use facility; or a
manufactured home in a manufactured home rental community.
(6) Dwelling unit base charge--A flat rate or fee charged by a retail public
utility for each dwelling unit recorded by the retail public utility.
(7) Manufactured home rental community--A property on which spaces are
rented for the occupancy of manufactured homes for nontransient
residential use and for which rental is paid at intervals of one month or
longer.
(8) Master meter--A meter used to measure, for billing purposes, all water
usage of an apartment house, condominium, multiple use facility, or
manufactured home rental community, including common areas, common
facilities, and dwelling units.
(9) Multiple use facility--A commercial or industrial park, office complex, or
marina with five or more units that are occupied primarily for nontransient
use and are rented at intervals of one month or longer.
(10) Occupant--A tenant or other person authorized under a written
agreement to occupy a dwelling.
(11) Overcharge--The amount, if any, a tenant is charged for submetered
or nonsubmetered master metered utility service to the tenant's dwelling
unit after a violation occurred relating to the assessment of a portion of
utility costs in excess of the amount the tenant would have been charged
under this subchapter. Overcharge and Overbilling have the same
meaning.
(12) Owner--The legal titleholder of an apartment house, a manufactured
home rental community, or a multiple use facility; and any individual, firm,
or corporation expressly identified in the lease agreement as the landlord
of tenants in the apartment house, manufactured home rental community,
or multiple use facility. The term does not include the manager of an
apartment home unless the manager is expressly identified as the landlord
in the lease agreement.
(13) Point-of-use submeter--A device located in a plumbing system to
measure the amount of water used at a specific point of use, fixture, or
appliance, including a sink, toilet, bathtub, or clothes washer.
(14) Submetered utility service--Water utility service that is master metered
for the owner by the retail public utility and individually metered by the
owner at each dwelling unit; wastewater utility service based on
submetered water utility service; water utility service measured by point-of-
use submeters when all of the water used in a dwelling unit is measured
and totaled; or wastewater utility service based on total water use as
measured by point-of-use submeters.
(15) Tenant--A person who owns or is entitled to occupy a dwelling unit or
multiple use facility unit to the exclusion of others and, if rent is paid, who
is obligated to pay for the occupancy under a written or oral rental
agreement.
(16) Undercharge--The amount, if any, a tenant is charged for submetered
or nonsubmetered master metered utility service to the tenant's dwelling
unit less than the amount the tenant would have been charged under this
subchapter. Undercharge and Underbilling have the same meaning.
(17) Utility costs--Any amount charged to the owner by a retail public utility
for water or wastewater service. Utility Costs and Utility Service Costs have
the same meaning.
(18) Utility service--For purposes of this subchapter, utility service includes
only drinking water and wastewater.
§ 24.277. Owner Registration and Records
(a) Registration. An owner who intends to bill tenants for submetered or
allocated utility service or who changes the method used to bill tenants for
utility service shall register with the commission in a form prescribed by the
commission.
(b) Water quantity measurement. Except as provided by subsections (c) and
(d) of this section, a manager of a condominium or the owner of an apartment
house, manufactured home rental community, or multiple use facility, on
which construction began after January 1, 2003, shall provide for the
measurement of the quantity of water, if any, consumed by the occupants of
each unit through the installation of:
(1) submeters, owned by the property owner or manager, for each dwelling
unit or rental unit; or
(2) individual meters, owned by the retail public utility, for each dwelling
unit or rental unit.
(c) Plumbing system requirement. An owner of an apartment house on which
construction began after January 1, 2003, and that provides government
assisted or subsidized rental housing to low or very low income residents shall
install a plumbing system in the apartment house that is compatible with the
installation of submeters for the measurement of the quantity of water, if any,
consumed by the occupants of each unit.
(d) Installation of individual meters. On the request by the property owner or
manager, a retail public utility shall install individual meters owned by the
utility in an apartment house, manufactured home rental community, multiple
use facility, or condominium on which construction began after January 1,
2003, unless the retail public utility determines that installation of meters is
not feasible. If the retail public utility determines that installation of meters is
not feasible, the property owner or manager shall install a plumbing system
that is compatible with the installation of submeters or individual meters. A
retail public utility may charge reasonable costs to install individual meters.
(e) Records. The owner shall make the following records available for
inspection by the tenant or the commission or commission staff at the on-site
manager's office during normal business hours in accordance with subsection
(g) of this section. The owner may require that the request by the tenant be
in writing and include:
(1) a current and complete copy of TWC, Chapter 13, Subchapter M;
(2) a current and complete copy of this subchapter;
(3) a current copy of the retail public utility's rate structure applicable to the
owner's bill;
(4) information or tips on how tenants can reduce water usage;
(5) the bills from the retail public utility to the owner;
(6) for allocated billing:
(A) the formula, occupancy factors, if any, and percentages used to
calculate tenant bills;
(B) the total number of occupants or equivalent occupants if an
equivalency factor is used under §24.281(e)(2) of this title (relating to
Charges and Calculations); and
(C) the square footage of the tenant's dwelling unit or rental space and
the total square footage of the apartment house, manufactured home
rental community, or multiple use facility used for billing if dwelling unit
size or rental space is used;
(7) for submetered billing:
(A) the calculation of the average cost per gallon, liter, or cubic foot;
(B) if the unit of measure of the submeters or point-of-use submeters
differs from the unit of measure of the master meter, a chart for
converting the tenant's submeter measurement to that used by the retail
public utility;
(C) all submeter readings; and
(D) all submeter test results;
(8) the total amount billed to all tenants each month;
(9) total revenues collected from the tenants each month to pay for water
and wastewater service; and
(10) any other information necessary for a tenant to calculate and verify a
water and wastewater bill.
(f) Records retention. Each of the records required under subsection (e) of
this section shall be maintained for the current year and the previous calendar
year, except that all submeter test results shall be maintained until the
submeter is permanently removed from service.
(g) Availability of records.
(1) If the records required under subsection (e) of this section are
maintained at the on-site manager's office, the owner shall make the
records available for inspection at the on-site manager's office within three
days after receiving a written request.
(2) If the records required under subsection (e) of this section are not
routinely maintained at the on-site manager's office, the owner shall
provide copies of the records to the on-site manager within 15 days of
receiving a written request from a tenant or the commission or commission
staff.
(3) If there is no on-site manager, the owner shall make copies of the
records available at the tenant's dwelling unit at a time agreed upon by the
tenant within 30 days of the owner receiving a written request from the
tenant.
(4) Copies of the records may be provided by mail if postmarked by
midnight of the last day specified in paragraph (1), (2), or (3) of this
subsection.
§ 24.279. Rental Agreement
(a) Rental agreement content. The rental agreement between the owner and
tenant shall clearly state in writing:
(1) the tenant will be billed by the owner for submetered or allocated utility
services, whichever is applicable;
(2) which utility services will be included in the bill issued by the owner;
(3) any disputes relating to the computation of the tenant's bill or the
accuracy of any submetering device will be between the tenant and the
owner;
(4) the average monthly bill for all dwelling units in the previous calendar
year and the highest and lowest month's bills for that period;
(5) if not submetered, a clear description of the formula used to allocate
utility services;
(6) information regarding billing such as meter reading dates, billing dates,
and due dates;
(7) the period of time by which owner will repair leaks in the tenant's unit
and in common areas, if common areas are not submetered;
(8) the tenant has the right to receive information from the owner to verify
the utility bill; and
(9) for manufactured home rental communities and apartment houses, the
service charge percentage permitted under §24.281(d)(3) of this title
(relating to Charges and Calculations) that will be billed to tenants.
(b) Requirement to provide rules. At the time a rental agreement is discussed,
the owner shall provide a copy of this subchapter or a copy of the rules to the
tenant to inform the tenant of his rights and the owner's responsibilities under
this subchapter.
(c) Tenant agreement to billing method changes. An owner shall not change
the method by which a tenant is billed unless the tenant has agreed to the
change by signing a lease or other written agreement. The owner shall
provide notice of the proposed change at least 35 days prior to implementing
the new method.
(d) Change from submetered to allocated billing. An owner shall not change
from submetered billing to allocated billing, except after receiving written
approval from the commission after a demonstration of good cause and if the
rental agreement requirements under subsections (a), (b), and (c) of this
section have been met. Good cause may include:
(1) equipment failures; or
(2) meter reading or billing problems that could not feasibly be corrected.
(e) Waiver of tenant rights prohibited. A rental agreement provision that
purports to waive a tenant's rights or an owner's responsibilities under this
subchapter is void.
§ 24.281. Charges and Calculations
(a) Prohibited charges. Charges billed to tenants for submetered or allocated
utility service may only include bills for water or wastewater from the retail
public utility and must not include any fees billed to the owner by the retail
public utility for any deposit, disconnect, reconnect, late payment, or other
similar fees.
(b) Dwelling unit base charge. If the retail public utility's rate structure includes
a dwelling unit base charge, the owner shall bill each dwelling unit for the
base charge applicable to that unit. The owner may not bill tenants for any
dwelling unit base charges applicable to unoccupied dwelling units.
(c) Customer service charge. If the retail public utility's rate structure includes
a customer service charge, the owner shall bill each dwelling unit the amount
of the customer service charge divided by the total number of dwelling units,
including vacant units, that can receive service through the master meter
serving the tenants.
(d) Calculations for submetered utility service. The tenant's submetered
charges must include the dwelling unit base charge and customer service
charge, if applicable, and the gallonage charge and must be calculated each
month as follows:
(1) water utility service: the retail public utility's total monthly charges for
water service (less dwelling unit base charges or customer service
charges, if applicable), divided by the total monthly water consumption
measured by the retail public utility to obtain an average water cost per
gallon, liter, or cubic foot, multiplied by the tenant's monthly consumption
or the volumetric rate charged by the retail public utility to the owner
multiplied by the tenant's monthly water consumption;
(2) wastewater utility service: the retail public utility's total monthly charges
for wastewater service (less dwelling unit base charges or customer
service charges, if applicable), divided by the total monthly water
consumption measured by the retail public utility, multiplied by the tenant's
monthly consumption or the volumetric wastewater rate charged by the
retail public utility to the owner multiplied by the tenant's monthly water
consumption;
(3) service charge for manufactured home rental community or the owner
or manager of apartment house: a manufactured home rental community
or apartment house may charge a service charge in an amount not to
exceed 9% of the tenant's charge for submetered water and wastewater
service, except when;
(A) the resident resides in a unit of an apartment house that has received
an allocation of low income housing tax credits under Texas
Government Code, Chapter 2306, Subchapter DD; or
(B) the apartment resident receives tenant-based voucher assistance
under United States Housing Act of 1937 Section 8, (42 United States
Code, §1437f); and
(4) final bill on move-out for submetered service: if a tenant moves out
during a billing period, the owner may calculate a final bill for the tenant
before the owner receives the bill for that period from the retail public utility.
If the owner is billing using the average water or wastewater cost per
gallon, liter, or cubic foot as described in paragraph (1) of this subsection,
the owner may calculate the tenant's bill by calculating the tenant's average
volumetric rate for the last three months and multiplying that average
volumetric rate by the tenant's consumption for the billing period.
(e) Calculations for allocated utility service.
(1) Before an owner may allocate the retail public utility's master meter bill
for water and sewer service to the tenants, the owner shall first deduct:
(A) dwelling unit base charges or customer service charge, if applicable;
and
(B) common area usage such as installed landscape irrigation systems,
pools, and laundry rooms, if any, as follows:
(i) if all common areas are separately metered or submetered, deduct
the actual common area usage;
(ii) if common areas that are served through the master meter that
provides water to the dwelling units are not separately metered or
submetered and there is an installed landscape irrigation system,
deduct at least 25% of the retail public utility's master meter bill;
(iii) if all water used for an installed landscape irrigation system is
metered or submetered and there are other common areas such as
pools or laundry rooms that are not metered or submetered, deduct
at least 5% of the retail public utility's master meter bill; or
(iv) if common areas that are served through the master meter that
provides water to the dwelling units are not separately metered or
submetered and there is no installed landscape irrigation system,
deduct at least 5% of the retail public utility's master meter bill.
(2) To calculate a tenant's bill:
(A) for an apartment house, the owner shall multiply the amount
established in paragraph (1) of this subsection by:
(i) the number of occupants in the tenant's dwelling unit divided by the
total number of occupants in all dwelling units at the beginning of the
month for which bills are being rendered; or
(ii) the number of occupants in the tenant's dwelling unit using a ratio
occupancy formula divided by the total number of occupants in all
dwelling units at the beginning of the retail public utility's billing period
using the same ratio occupancy formula to determine the total. The
ratio occupancy formula will reflect what the owner believes more
accurately represents the water use in units that are occupied by
multiple tenants. The ratio occupancy formula that is used must
assign a fractional portion per tenant of no less than that on the
following scale:
(I) dwelling unit with one occupant = 1;
(II) dwelling unit with two occupants = 1.6;
(III) dwelling unit with three occupants = 2.2; or
(IV) dwelling unit with more than three occupants = 2.2 + 0.4 per
each additional occupant over three; or
(iii) the average number of occupants per bedroom, which shall be
determined by the following occupancy formula. The formula must
calculate the average number of occupants in all dwelling units based
on the number of bedrooms in the dwelling unit according to the scale
below, notwithstanding the actual number of occupants in each of the
dwelling unit's bedrooms or all dwelling units:
(I) dwelling unit with an efficiency = 1;
(II) dwelling unit with one bedroom = 1.6;
(III) dwelling unit with two bedrooms = 2.8;
(IV) dwelling unit with three bedrooms = 4 + 1.2 for each additional
bedroom; or
(iv) a factor using a combination of square footage and occupancy in
which no more than 50% is based on square footage. The square
footage portion must be based on the total square footage living area
of the dwelling unit as a percentage of the total square footage living
area of all dwelling units of the apartment house; or
(v) the individually submetered hot or cold water usage of the tenant's
dwelling unit divided by all submetered hot or cold water usage in all
dwelling units;
(B) a condominium manager shall multiply the amount established in
paragraph (1) of this subsection by any of the factors under
subparagraph (A) of this paragraph or may follow the methods outlined
in the condominium contract;
(C) for a manufactured home rental community, the owner shall multiply
the amount established in paragraph (1) of this subsection by:
(i) any of the factors developed under subparagraph (A) of this
paragraph; or
(ii) the area of the individual rental space divided by the total area of
all rental spaces; and
(D) for a multiple use facility, the owner shall multiply the amount
established in paragraph (1) of this subsection by:
(i) any of the factors developed under subparagraph (A) of this
paragraph; or
(ii) the square footage of the rental space divided by the total square
footage of all rental spaces.
(3) If a tenant moves in or out during a billing period, the owner may
calculate a bill for the tenant. If the tenant moves in during a billing period,
the owner shall prorate the bill by calculating a bill as if the tenant were
there for the whole month and then charging the tenant for only the number
of days the tenant lived in the unit divided by the number of days in the
month multiplied by the calculated bill. If a tenant moves out during a billing
period before the owner receives the bill for that period from the retail public
utility, the owner may calculate a final bill. The owner may calculate the
tenant's bill by calculating the tenant's average bill for the last three months
and multiplying that average bill by the number of days the tenant was in
the unit divided by the number of days in that month.
(f) Conversion to approved allocation method. An owner using an allocation
formula other than those approved in subsection (e) of this section shall
immediately provide notice as required under §24.279(c) of this title (relating
to Rental Agreement) and either:
(1) adopt one of the methods in subsection (e) of this section; or
(2) install submeters and begin billing on a submetered basis; or
(3) discontinue billing for utility services.
§ 24.283. Billing
(a) Monthly billing of total charges. The owner shall bill the tenant each month
for the total charges calculated under §24.281 of this title (relating to Charges
and Calculations). If it is permitted in the rental agreement, an occupant or
occupants who are not residing in the rental unit for a period longer than 30
days may be excluded from the occupancy calculation and from paying a
water and sewer bill for that period.
(b) Rendering bill.
(1) Allocated bills shall be rendered as promptly as possible after the owner
receives the retail public utility bill.
(2) Submeter bills shall be rendered as promptly as possible after the
owner receives the retail public utility bill or according to the time schedule
in the rental agreement if the owner is billing using the retail public utility's
rate.
(c) Submeter reading schedule. Submeters or point-of-use submeters shall
be read within three days of the scheduled reading date of the retail public
utility's master meter or according to the schedule in the rental agreement if
the owner is billing using the retail public utility's rate.
(d) Billing period.
(1) Allocated bills shall be rendered for the same billing period as that of
the retail public utility, generally monthly, unless service is provided for less
than that period.
(2) Submeter bills shall be rendered for the same billing period as that of
the retail public utility, generally monthly, unless service is provided for less
than that period. If the owner uses the retail public utility's actual rate, the
billing period may be an alternate billing period specified in the rental
agreement.
(e) Multi-item bill. If issued on a multi-item bill, charges for submetered or
allocated utility service must be separate and distinct from any other charges
on the bill.
(f) Information on bill. The bill must clearly state that the utility service is
submetered or allocated, as applicable, and must include all of the following:
(1) total amount due for submetered or allocated water;
(2) total amount due for submetered or allocated wastewater;
(3) total amount due for dwelling unit base charge(s) or customer service
charge(s) or both, if applicable;
(4) total amount due for water or wastewater usage, if applicable;
(5) the name of the retail public utility and a statement that the bill is not
from the retail public utility;
(6) name and address of the tenant to whom the bill is applicable;
(7) name of the firm rendering the bill and the name or title, address, and
telephone number of the firm or person to be contacted in case of a billing
dispute; and
(8) name, address, and telephone number of the party to whom payment
is to be made.
(g) Information on submetered service. In addition to the information required
in subsection (f) of this section, a bill for submetered service must include all
of the following:
(1) the total number of gallons, liters, or cubic feet submetered or measured
by point-of-use submeters;
(2) the cost per gallon, liter, or cubic foot for each service provided; and
(3) total amount due for a service charge charged by an owner of a
manufactured home rental community, if applicable.
(h) Due date. The due date on the bill may not be less than 16 days after it is
mailed or hand delivered to the tenant, unless the due date falls on a federal
holiday or weekend, in which case the following work day will be the due date.
The owner shall record the date the bill is mailed or hand delivered. A
payment is delinquent if not received by the due date.
(i) Estimated bill. An estimated bill may be rendered if a master meter,
submeter, or point-of-use submeter has been tampered with, cannot be read,
or is out of order; and in such case, the bill must be distinctly marked as an
estimate and the subsequent bill must reflect an adjustment for actual
charges.
(j) Payment by tenant. Unless utility bills are paid to a third-party billing
company on behalf of the owner, or unless clearly designated by the tenant,
payment must be applied first to rent and then to utilities.
(k) Overbilling and underbilling. If a bill is issued and subsequently found to
be in error, the owner shall calculate a billing adjustment. If the tenant is due
a refund, an adjustment must be calculated for all of that tenant's bills that
included overcharges. If the overbilling or underbilling affects all tenants, an
adjustment must be calculated for all of the tenants' bills. If the tenant was
undercharged, and the cause was not due to submeter or point-of-use
submeter error, the owner may calculate an adjustment for bills issued in the
previous six months. If the total undercharge is $25 or more, the owner shall
offer the tenant a deferred payment plan option, for the same length of time
as that of the underbilling. Adjustments for usage by a previous tenant may
not be back billed to a current tenant.
(l) Disputed bills. In the event of a dispute between a tenant and an owner
regarding any bill, the owner shall investigate the matter and report the results
of the investigation to the tenant in writing. The investigation and report must
be completed within 30 days from the date the tenant gives written notification
of the dispute to the owner.
(m) Late fee. A one-time penalty not to exceed 5% may be applied to
delinquent accounts. If such a penalty is applied, the bill must indicate the
amount due if the late penalty is incurred. No late penalty may be applied
unless agreed to by the tenant in a written lease that states the percentage
amount of such late penalty.
§ 24.285. Complaint Jurisdiction
(a) Jurisdiction. The commission has exclusive jurisdiction for violations under
this subchapter.
(b) Complaints. If an apartment house owner, condominium manager,
manufactured home rental community owner, or other multiple use facility
owner violates a commission rule regarding utility costs, the person claiming
the violation may file a complaint with the commission and may appear
remotely for a hearing.
§ 24.287. Submeters or Point-of-Use Submeters and Plumbing Fixtures
(a) Submeters or point-of-use submeters.
(1) Same type submeters or point-of-use submeters required. All
submeters or point-of-use submeters throughout a property must use the
same unit of measurement, such as gallon, liter, or cubic foot.
(2) Installation by owner. The owner shall be responsible for providing,
installing, and maintaining all submeters or point-of-use submeters
necessary for the measurement of water to tenants and to common areas,
if applicable.
(3) Submeter or point-of-use submeter tests prior to installation. No
submeter or point-of-use submeter may be placed in service unless its
accuracy has been established. If any submeter or point-of-use submeter
is removed from service, it must be properly tested and calibrated before
being placed in service again.
(4) Accuracy requirements for submeters and point-of-use submeters.
Submeters must be calibrated as close as possible to the condition of zero
error and within the accuracy standards established by the American Water
Works Association (AWWA) for water meters. Point-of-use submeters
must be calibrated as closely as possible to the condition of zero error and
within the accuracy standards established by the American Society of
Mechanical Engineers (ASME) for point-of-use and branch-water
submetering systems.
(5) Location of submeters and point-of-use submeters. Submeters and
point-of-use submeters must be installed in accordance with applicable
plumbing codes and AWWA standards for water meters or ASME
standards for point-of-use submeters, and must be readily accessible to
the tenant and to the owner for testing and inspection where such activities
will cause minimum interference and inconvenience to the tenant.
(6) Submeter and point-of-use submeter records. The owner shall maintain
a record on each submeter or point-of-use submeter which includes:
(A) an identifying number;
(B) the installation date (and removal date, if applicable);
(C) date(s) the submeter or point-of-use submeter was calibrated or
tested;
(D) copies of all tests; and
(E) the current location of the submeter or point-of-use submeter.
(7) Submeter or point-of-use submeter test on request of tenant. Upon
receiving a written request from the tenant, the owner shall either:
(A) provide evidence, at no charge to the tenant, that the submeter or
point-of-use submeter was calibrated or tested within the preceding 24
months and determined to be within the accuracy standards established
by the AWWA for water meters or ASME standards for point-of-use
submeters; or
(B) have the submeter or point-of-use submeter removed and tested and
promptly advise the tenant of the test results.
(8) Billing for submeter or point-of-use submeter test.
(A) The owner may not bill the tenant for testing costs if the submeter
fails to meet AWWA accuracy standards for water meters or ASME
standards for point-of-use submeters.
(B) The owner may not bill the tenant for testing costs if there is no
evidence that the submeter or point-of-use submeter was calibrated or
tested within the preceding 24 months.
(C) The owner may bill the tenant for actual testing costs (not to exceed
$25) if the submeter meets AWWA accuracy standards or the point-of-
use submeter meets ASME accuracy standards and evidence as
described in paragraph (7)(A) of this subsection was provided to the
tenant.
(9) Bill adjustment due to submeter or point-of-use submeter error. If a
submeter does not meet AWWA accuracy standards or a point-of-use
submeter does not meet ASME accuracy standards and the tenant was
overbilled, an adjusted bill must be rendered in accordance with §24.283(k)
of this title (relating to Billing). The owner may not charge the tenant for
any underbilling that occurred because the submeter or point-of-use
submeter was in error.
(10) Submeter or point-of-use submeter testing facilities and equipment.
For submeters, an owner shall comply with the AWWA's meter testing
requirements. For point-of-use meters, an owner shall comply with ASME's
meter testing requirements.
(b) Plumbing fixtures. After January 1, 2003, before an owner of an apartment
house, manufactured home rental community, or multiple use facility or a
manager of a condominium may implement a program to bill tenants for
submetered or allocated water service, the owner or manager shall adhere to
the following standards:
(1) Texas Health and Safety Code, §372.002, for sink or lavatory faucets,
faucet aerators, and showerheads;
(2) perform a water leak audit of each dwelling unit or rental unit and each
common area and repair any leaks found; and
(3) not later than the first anniversary of the date an owner of an apartment
house, manufactured home rental community, or multiple use facility or a
manager of a condominium begins to bill for submetered or allocated water
service, the owner or manager shall:
(A) remove any toilets that exceed a maximum flow of 3.5 gallons per
flush; and
(B) install toilets that meet the standards prescribed by Texas Health
and Safety Code, §372.002.
(c) Plumbing fixture not applicable. Subsection (b) of this section does not
apply to a manufactured home rental community owner who does not own
the manufactured homes located on the property of the manufactured home
rental community.
LEASE ADDENDUM FOR ALLOCATING NATURAL GAS COSTS
1.
2. Reason for allocation. When natural gas bills are paid by the property owner, residents have no incentive to conserve
gas and heat. This results in a waste of our state's natural resources and adds to the overhead of the property—and that
usually means higher rents. On the other hand, allocation of gas raises everyone's awareness of the need to conserve gas
and heat and to pay attention to the thermostat and heat loss through open doors or windows. It should therefore minimize
the necessity for rent increases to cover wasteful practices of other residents regarding heating and gas consumption.
3. Your payment due date. Payment of your allocated gas bill is due 16 days after the date it is postmarked or hand delivered
to your apartment. You agree to mail or deliver payment to the place indicated on your bill so that payment is received no later
than the due date. You will pay a late charge of $ (not to exceed $3) if we do not receive timely payment. If
you are late in paying the gas bill, we may not cut off your gas; but we may immediately exercise all other lawful remedies,
including eviction—just like late payment of rent.
4. Allocation procedures. Your monthly rent under the TAA Lease Contract does not include a charge for natural gas.
Instead, you will be receiving a separate bill from us each month for gas. We may include this item as a separate and distinct
charge as part of a multi-item bill.
You agree to and we will allocate the monthly gas bill for the apartment community based on the allocation method checked
below.
❑ A percentage reflecting your apartment uniYs share of the total square footage in the apartment community, i.e., your
uniYs square footage divided by the total square footage in all apartment units.
❑ A percentage reflecting your apartment uniYs share of the total number of people living in the apartment community,
i.e., the number of people living in your apartment divided by the total number of people living in the entire apartment
community for the month. ("People" for this purpose are all residents and occupants listed in leases at the apartment
community as having a right to occupy the respective units.)
x❑ Half of your allocation will be based on your apartment uniYs share of total square footage and half will be based on your
share of total people living in the apartment community, as described above.
❑ Per dwelling unit
❑ Other formula
5. Common area deduction. Only the total mastermeter gas bill will be allocated. Before the bill is allocated, a deduction
of 5 percent will be made to cover estimated gas consumption in any common areas, such as: (1) gas dryers and
room heating in laundry rooms; or (2) hot water heating for pools, spas or laundry rooms. Penalties or interest for any late
payment of the mastermeter gas bill by us will be paid for by us and will not be allocated. A nominal administrative fee of
$ per month (not to exceed $3) will be added to your bill for processing, billing and/or collecting.
6. Change of allocation formula. The above allocation formula for determining your share of the natural gas bill cannot be
changed except as follows: (1) you receive notice of the new formula at least 35 days before it takes effect; and (2) you agree
to the change in a signed lease renewal or signed mutual agreement.
7. Right to examine records. You may examine our gas bills from the utility company and our calculations relating to the
monthly allocation of the gas bills during regular weekday office hours. Please give us reasonable advance notice to gather
the data.
(�
Texas Apartment Association
Blue Moon eSi nature Services Document ID: 453707944
LEASE ADDENDUM FOR CONCESSION, CREDIT OR OTHER DISCOUNT
1.
2. Concession ox discount. As an incentive and bonus to you for signing the TAA Lease Contract, choosing our property,
and agreeing to fulfill your obligations for the entire term of the TAA Lease Contract, you will receive a concession, credit or
discount described below. (Check all that apply]
x❑ One-time concession. You will receive a one-time concession in the total amount of $ 250
This concession will be credited to your charges for the month(s) of September 2024
❑ Monthly discount. You will receive a monthly discount of $ for months.
Special Provisions:
3. Payment or repayment for breach. If you move out or terminate your TAA Lease Contract early, in violation of the TAA
Lease Contract, you forfeit the concession or credit received under this addendum.
If you fail to pay all of your obligations under the TAA Lease Contract, then you will be required to immediately repay us the
amounts of all concessions and/or discounts that you actually received from us for the months you resided in your dwelling,
in addition to all other sums due under the TAA Lease Contract for unauthorized surrender or abandonment by the resident
(see TAA Lease Contract Par. 27).
/�
Texas Apartment Association
Blue Moon eSi nature Services Document ID: 453707944
LEASE ADDENDUM FOR WASHING MACHINE AND DRYER
1.
2. Use of Appliances. You (as residents) have permission from us (as owner) to install and use (check all that apply):
x0 a washing machine and/or x❑ a dryer in the dwelling unit described above, subject to the conditions in this addendum.
Please remember that we do not select your washing machine or dryer, install them, maintain them, or use them. You are
in the best position to prevent water, fire, smoke or other damage caused by: (1) a defective washing machine or dryer;
(2) a washing machine or dryer accident; or (3) improper installation, maintenance or use of a washing machine or dryer.
3. Conditions. If your washing machine and/or dryer leaks, floods, causes a fire, causes smoke damage, or otherwise
malfunctions or is misused, it can cause a lot of problems and a lot of damage to your unit and other units, as well as damage
to your personal property and personal property of residents in other units. For these reasons, your right to install and use a
washing machine and/or dryer in your unit is subject to the following conditions. You automatically agree to those conditions
when connecting or using a washing machine and/or dryer in your unit.
4. Installation. You should be especially careful in your choice of a washing machine and/or dryer and in their installation,
maintenance and use—just as if it were in your own home. You and all other residents, occupants, and guests in your
unit must follow manufacturer's instructions for the washing machine and/or dryer's installation, maintenance, and use.
Installation must be done by a professionally qualified person or company approved by us. We recommend that you have it
professionally installed.
5. Responsibility for damage. You agree to assume strict liability for all damage to your unit and to other units and to
personal property in your unit and other units if the washing machine and/or dryer leaks, floods, malfunctions or is misused,
or in any other way causes damage—unless it is caused by us or our management company, or acts of God to the extent they
couldn't be mitigated by your action or inaction. That means you will be responsible for costs of removing water from carpets,
replacing permanently damaged carpets, repainting, and any other repairs or damages to your unit and to other units, as well
as damage to personal property in your unit and other units if, among other things:
• the water or dryer vent hoses break or leak; or
• the water or dryer vent hoses were incorrectly connected or did not have protective washers in the connections; or
• the washing machine and/or dryer was overloaded, causing it to malfunction; or
• the washing machine and/or dryer leaks or malfunctions for any other reason.
• the owner's insurance may not cover such damages, and the owner is under no obligation to have insurance that does
cover such damages.
6. New hoses. When installing the washing machine, you must use new hoses since bursting or leaking hoses are the most
common cause of water damage. Stainless braided water hoses are recommended. Similarly, you should use a new dryer
vent hose when installing your dryer.
T. Inspection. You must not use the washing machine and/or dryer until management has inspected the installation. Such
inspection does not relieve you of liability in the event of water, fire, smoke or other damage from your washing machine and/
or dryer.
8. Maintenance. You will have the sole responsibility for maintaining your washing machine and all related hardware. Such
maintenance must include, but is not limited to, regularly cleaning lint from your dryer's lint trap.
9. Insurance. At all times you must carry renter's insurance that provides insurance coverage for damage to your personal
belongings from accidental water discharge from your washing machine or other causes. Similarly, it must provide coverage
for fire or smoke damage from your washing machine and/or dryer. It must also provide coverage for any potential liability,
due to your fault, for water, fire, smoke or other damage to other units and to personal property of others. You must verify
with your agent that such coverages are included in your policy and must furnish us a copy of the policy upon our request.
�� ��
Texas Apartment Association
Blue Moon eSi nature Services Document ID: 453707944
LEASE ADDENDUM FOR ALLOCATING SERVICES AND GOVERNMENTAL FEES
1.
2. Reason fox allocation. Apartment owners receive bills for services provided to residents and charges for various
governmental fees. These are direct costs that the apartment community incurs. In order to help control the cost of rent, we
have chosen to allocate the services and governmental fees indicated below through an allocated bill using a standardized
formula to distribute these costs fairly. While we may impose a nominal fee to help recover our costs in administering these
bills, we do not add any other costs to these bills and make no profit off of them.
Sexvices and govexnmental fees allocated
❑ Cable/satellite television
� Stormwater/drainage
❑ Trash removal/recycling
❑ Street repair/maintenance fee
❑ Emergency services fee
❑ Conservation district fee
❑ Inspection fee
We will allocate the following services and governmental fees:
❑ Registration/license fee
❑ Other
❑ Other
❑ Other
❑ Other
❑ Other
❑ Other
4. Your payment due date. Payment of your allocated services and governmental fee bill is due 16 days after the date it is
postmarked or hand delivered to your apartment. You agree to mail or deliver payment to the place indicated on your bill so
that payment is received no later than the due date. You will pay a late charge of $ (not to exceed $3) if we
do not receive timely payment. If you are late in paying the services and governmental fee bill, we may cut off services, as
allowed by law, and we may immediately exercise all other lawful remedies, including eviction—just like late payment of rent.
5. Allocation procedures. Your monthly base rent under the TAA Lease Contract does not include a charge for the services
and governmental fees indicated above. You will pay separately for these charges which are defined under the Lease as
"Additional RenY'. You may receive a separate bill from us each month or we may include these items as separate and
distinct charges as part of a multi-item bill.
You agree to and we will allocate the indicated services and governmental fees for the apartment community based on the
allocation method checked below: (check only one)
❑ A percentage reflecting your apartment uniYs share of the total square footage in the apartment community, i.e., your
uniYs square footage divided by the total square footage in all apartment units.
❑ A percentage reflecting your apartment uniYs share of the total number of people living in the apartment community,
i.e., the number of people living in your apartment divided by the total number of people living in the entire apartment
community for the month. ("People" for this purpose are all residents and occupants listed in leases at the apartment
community as having a right to occupy the respective units).
❑ Half of your allocation will be based on your apartment uniYs share of total square footage and half will be based on your
share of total people living in the apartment community, as described above.
❑ Per dwelling unit
❑ Other formula (see attached page)
6. Penalties and fees. Only the total of the services and governmental fee bills will be allocated. Penalties or interest
for any late payment of these bills by us will be paid for by us and will not be allocated. A nominal administrative fee of
$ per month (not to exceed $3) will be added to your bill for processing, billing and/or collecting.
T. Change of allocation foxmula. The above allocation formula for determining your share of the services and governmental
fee bills cannot be changed except as follows: (1) you receive notice of the new formula at least 35 days before it takes effect;
and (2) you agree to the change in a signed lease renewal or signed mutual agreement.
8. Right to examine records. You may examine ourservice and governmental fee bills from the companies and governmental
entities and our calculations relating to the monthly allocation of these bills during regular weekday office hours. Please give
us reasonable advance notice to gather the data.
(�
Texas Apartment Association
Blue Moon eSi nature Services Document ID: 453707944
LEASE ADDENDUM FOR TRASH REMOVAL AND RECYCLING COSTS—FLAT FEE
1.
2. Flat fee for trash/recycling costs. Your monthly base rent under the TAA Lease Contract does not include a charge
for trash removal. Instead, you will be receiving a separate bill from us for such service. You agree to pay a monthly fee of
$ 12 . 00 for the removal of trash and/or recycling for the apartment community, plus a nominal administrative fee of
$ 3. 00 per month (not to exceed $3) for processing and billing.
Your trash/recycling bill may include state and local sales taxes as required by state law.
3. Payment due date. Payment of your trash removal and recycling bill is due 16 days after the date it is postmarked or hand
delivered to your apartment. We may include this item as a separate and distinct charge as part of a multi-item bill. You agree
to mail or deliver payment to the place indicated on your bill so that payment is received no later than the due date. There will
be a late charge of $ (not to exceed $3) if we do not receive timely payment of your trash/recycling bill, but
we are not obligated to accept late payment. If you are late in paying the trash removal/recycling bill, we may immediately
exercise all lawful remedies under your lease contract, including eviction.
/�
Texas Apartment Association
Blue Moon eSi nature Services Document ID: 453707944
LEASE ADDENDUM REGARDING SMOKING
1.
2. Smoking, in any form, anywhere inside any of the dwelling units, or inside any buildings within the apartment community, is
strictly prohibited. This is our no-smoking policy; and you agree that any violation of the no-smoking policy is a material and
substantial violation of this addendum and a breach of the TAA Lease Contract.
The prohibition of smoking extends to all residents, their occupants, guests, invitees and all others who are present on or in
any portion of the community. The no-smoking policy and rules extend to, but are not limited to, the leasing offices, building
interiors and hallways, building common areas, dwelling units, club house, exercise or spa facility, indoor tennis courts, all
interior areas of the community, commercial shops, businesses, work areas, and all other spaces whether in the interior of
the community or in the enclosed spaces on community grounds. Smoking is also prohibited by this addendum inside any
dwelling or building, whether leased by you or another.
3. Smoking permitted in designated areas of the apartment community. Smoking is permitted only in specially
designated areas, if any. The permissible smoking areas are marked by signs.
Smoking on balconies, patios, and limited common areas attached to or outside of your dwelling unit:
❑ is permitted
0 is not permitted.
Only the following outside areas may be used for smoking:
Smoking is permitted only in specially designated areas outside the buildings of the apartment community. Smoking must be
at least lo feet from the buildings in the apartment community, including administrative office buildings. If the previous
field is not completed, smoking is only permitted at least 25 feet from the buildings in the apartment community, including
administrative office buildings. The smoking-permissible areas are marked by signage.
Even though smoking may be permitted in certain limited outside areas, we reserve the right to direct that you and your
occupants, family, guests, and invitees immediately cease smoking in those areas if smoke is entering a dwelling or building
or if it is interfering with the rights, comfort, health, safety or convenience of others in or near the apartment community or
rental premises.
4. Your responsibility for damages and cleaning. You are responsible for payment of all costs and damages to your
dwelling unit, other residents' dwelling units, or any other portion of the community for repair, replacement, or cleaning
and odor removal due to smoking or smoke-related damage caused by you or your occupants, family, guests, or invitees,
regardless of whether such use was a violation of this addendum. You agree that any costs or damages we incur related to
repairs, replacement, cleaning and odor removal due to your smoking or due to your violation of the no-smoking provisions of
the TAA Lease Contract are NOT normal wear and tear. You also agree that smoke-related damage, including but not limited
to smoke odor that permeates sheetrock, carpeting, wood, insulation, or other components of the dwelling unit or building,
shall always be in excess of normal wear and tear in our community and at the rental premises.
5. Your responsibility for loss of rental income and economic damages regarding other residents. You are
responsible for payment of all lost rental income or other economic and financial damages or loss to us due to smoking
or smoke-related damages caused by you or your occupants, family, guests, or invitees which results in or causes other
residents to vacate their dwelling units, results in disruption of other residents' enjoyment of the community, adversely affects
other residents' or occupants' health, safety, or welfare, or causes a qualified applicant to refuse to rent the unit because of
smoke related damages including smoke odors.
6. Definition of smoking. "Smoking" refers to, but is not limited to, any use or possession of a cigar, cigarette, e-cigarette,
hookah, vaporizer, or pipe containing tobacco or a tobacco product while that tobacco or tobacco product is burning, lighted,
vaporized, or ignited, regardless of whether the person using or possessing the product is inhaling or exhaling the smoke
from such product. The term tobacco includes, but is not limited to any form, compound, or synthesis of the plant of the genus
Nicotiana or the species N. tabacum which is cultivated for its leaves to be used in cigarettes, cigars, e-cigarettes, hookahs,
vaporizers, or pipes. Smoking also refers to use or possession of burning, lighted, vaporized, or ignited non-tobacco products
if they are noxious, offensive, unsafe, unhealthy, or irritating to other persons.
T. Lease Contract texmination for violation of this addendum. We have the right to exercise all remedies available
to us for any violation of this addendum, which in turn is a default under the Lease, which include terminating your right of
occupancy and possession. Violation of this addendum is a material and substantial default of the TAA Lease Contract. In
the event we terminate your right of occupancy, you shall remain liable for all rent and other sums due under the TAA Lease
Contract subject to any duty to mitigate.
8. Extent of youx liability for losses due to smoking. Your responsibility for damages, cleaning, deodorizing, loss of
rental income, and other economic damages under this addendum are in addition to, and not instead of your responsibility
for any other damages or loss under the TAA Lease Contract or any other addendum.
Texas Apartment Association
Blue Moon eSi nature Services Document ID: 453707944
9. Yourresponsibilityforconductofoccupants,familymembersandguests.Youareresponsibleforcommunicating
the no- smoking policy and provisions of this addendum to your occupants, family, guests, and invitees and understand that
a failure on their part to comply is the same as non-compliance by you.
10. No warranty of a smoke-fxee envixonment. Although we prohibit smoking in all interior parts of the dwelling units
and community, there is no warranty or guaranty that your dwelling unit, buildings or the community is smoke-free. Smoking
in certain limited outside areas may be allowed as provided in this Addendum. Enforcement of our no-smoking policy is a
joint responsibility that requires your cooperation in reporting incidents or suspected violations of smoking. You must report
violations of our no-smoking policy to us before we are obligated to investigate and take action. You agree to cooperate with
us if it becomes necessary to pursue action for any violations of the no-smoking policy.
This is an important and binding legal document. By signing this addendum you are acknowledging that a violation could
lead to termination of your right of possession or your right to occupy the dwelling unit and premises. If you or someone in
your household is a smoker, you should carefully consider whether you will be able to abide by the terms of this addendum.
Before signing you must advise us whether you or anyone who will be living in your dwelling is a smoker. If you give an
incorrect or false answer, you agree that is a default under the Lease. Provide your answer by checking one of the following
boxes:
� Neither you nor anyone who will be living in the dwelling unit is a smoker and it is agreed no one will ever smoke in the
unit.
❑ Someone who will be living in the dwelling unit is a smoker but it is agreed no one will ever smoke in the unit.
�� ��
Texas Apartment Association
Blue Moon eSi nature Services Document ID: 453707944
LEASE ADDENDUM ADDRESSING CARRYING FIREARMS ONSITE
1.
2. Texas law. Texas allows qualified people to carry a firearm in the state. However, we may restrict carrying firearms on
our property, with the exception of transporting firearms from a vehicle to an apartment. If we provide notice of our policy
restricting the carrying of firearms, and you do not comply, you will be in violation of the Lease and may be engaging in
criminal trespass.
3. Community firearm carry policy. Whether or not you hold a license under the Texas handgun licensing law, by signing
this addendum, you understand and agree as follows (the specific agreements are indicated by the options that are marked):
❑ Option 1: Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with
a concealed handgun. The only exception is that we allow persons to transport their firearms between their vehicles and
their apartments.
❑ Option 2: Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with
a handgun that is carried openly. The only exception is that we allow persons to transport their firearms between their
vehicles and their apartments.
x❑ Option 3: Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter x❑ the leasing
office or � any common rooms/amenities of this property with a concealed handgun. (If neither is checked, concealed
handguns are prohibited in both).
X❑ Option 4: Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter x❑ the leasing
office or 0 any common rooms/amenities of this property with a handgun that is carried openly. (If neither is checked,
openly carried handguns are prohibited in both).
❑ Option 5: Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not enter this property with a firearm,
other than to transport their firearm(s) between their vehicle(s) and their apartment(s), as long as firearms are not in plain
view.
4. General acknowledgment and agreement. By signing this addendum, you acknowledge and agree that:
(a) you and your occupants and guests will adhere to any of our other policies concerning firearms as set forth in the Lease
or any community policies we issue;
(b) you have been provided the apartment community's policy or policies concerning firearms and will follow them;
(c) you will inform all of your occupants or guests what the apartment community's policy or policies concerning firearms are
and that they are subject to the same policy or policies as you;
(d) you understand that a violation of this addendum will be a violation of the Lease and could be considered criminal
trespass under Texas law; and
(e) you will promptly provide written notice to us of any violations of our firearm or other weapons policies that you observe.
5. Assumption of risk/waiver. By signing this addendum and taking possession of the apartment, you acknowledge and
agree that:
(a) we do not guarantee a gun-free environment at the apartment community and we cannot guarantee anyone's safety;
(b) no action or omission by us under this addendum may be considered a waiver of our rights, or of any subsequent violation,
default, or time or place of performance, even if we have actual knowledge of, or have been provided with written notice
of a violation;
(c) our efforts to restrict the carrying of handguns and/or firearms at the apartment community do not in any way enlarge,
restrict or otherwise change the standard of care that we would have to you or any other household in the apartment
community to render any areas in the apartment community any safer, more secure, or improved as compared to any
other rental property;
(d) we disclaim any express or implied warranties that any part of the apartment community will have any higher or improved
safety or security standards than any other rental property;
(e) we cannot and do not warrant or promise that any part of the apartment community is or will be free from handguns,
firearms, or other weapons; and
(fl our ability to effectively monitor or enforce this addendum depends in large part on your and your occupants' and guests'
cooperation and compliance.
(�
Texas Apartment Association
Blue Moon eSi nature Services Document ID: 453707944
VIRUS WARNING AND WAIVER ADDENDUM
This Virus Warning and Waiver Addendum relates to the TAA Lease Contract, signed
Due to the inherent risk of exposure to COVID-19 and/or other virus strains (collectively "Viruses") on the premises as defined
in Section 92.001 of the Texas Property Code (the "Premises"), it is important that you diligently follow all posted instructions,
written rules, and generally accepted health precautions concerning the spread of Viruses while on the Premises. Viruses may
be extremely contagious and can lead to severe illness and death. You should always assume that anyone could have a Virus.
There is no representation or warranty that: (1) the Premises are or will remain free of Viruses, (2) persons on the Premises
are not carrying Viruses; or (3) exposure to Viruses cannot occur on the Premises.
While on the Premises:
1. You must exercise due care for your safety at all times.
2. You agree to take full responsibility for and voluntarily assume all risks related to exposure to Viruses.
3. You agree to release, indemnify, discharge, and hold us and our representatives harmless to the fullest extent allowed
by law for all present and future claims and liabilities relating to Viruses, including but not limited to any negligent act
or omission by us, which might occur as a result of your being on the Premises.
Apartment name and unit number or street address of leased
premises
Texas Apartment Association
Blue Moon eSi nature Services Document ID: 453707944
RESIDENT HANDBOOK
& COMMUNITY POLICIES
WELCOME TO THE ENCORE ON MUSTANG APARTMENTS!
Welcome to our Community! We are pleased that you have chosen to make your home with us.
The Resident Handbook is designed to orient you with your apartment community.
Please keep it handy. Many questions you may have are answered in it.
This community is managed by Richmark Properties.
It is our desire to provide the highest quality living environment possible for our residents.
Should you have any questions or comments that cannot be answered by your community staff,
please feel free to contact us at the following address:
Richmark Properties
PO Box 981
Midlothian, TX 76065
Grand Prairie. Texas 75050
FAIR HOUSING STATEMENT
This community is committed to compliance with all federal, state and local fair housing laws.
Your community policies are designed to provide for consistent and fair treatment of
all residents in the spirit of these laws.
The staff at your community has a legal obligation to treat each individual in a consistent manner.
Please do not place them in the difFicult position of denying a request for an exception to a written policy.
Thank you in advance for your cooperation.
GOOD NEIGHBOR POLICY
All policies in this handbook apply to residents, occupants, and their guests.
Please remember your neighbors and help us maintain a quiet, clean community environment.
COMMUNITY STANDARDS OF OCCUPANCY
All new residents in your apartment community meet the same non-discriminatory qualification standards
based on income, employment, credit and rental history. The maximum number of occupants allowed in each
size apartment is available in the office. The term "occupant" refers to all adults and children in an apartment.
If the number of occupants in your apartment changes for any reason, please contact the Management Office
immediately.
YOUR MANAGEMENT OFFICE PHONE NUMBER IS:
(817)481-4511
Blue Moon eSi nature Services Document ID: 453707944
MAINTENANCE EMERGENCIES
Maintenance requests will be completed in a timely
manner. Non-emergency requests will be completed
between 8:30a.m. and 6:OOp.m., Monday through
Friday, excluding holidays.
Maintenance requests will be handled after office
hours if they are emergencies. We define EMERGENCIES
as situations which:
Present a danger to people...
➢ Fire
� No electricity
➢ Broken or non-working doors, locks, windows
� No heat (when outside temps are below 50
degrees)
� No a/c (when outside temps are above 90
degrees)
y No water
� Toilet not functioning (when only one in
apartment)
Present danger to property...
� Flooding
➢ Broken pipes
After business hours, emergency maintenance
requests can be reported to the answering service via
the management office phone number. The answering
service will attempt to contact the on-duty maintenance
staff, who will either call or come by the dwelling to
determine the proper course of action.
THE MANAGEMENT OFFICE PHONE NUMBER IS:
(972)306-0010
INSURANCE
As stated in your Apartment Lease Contract and in the
Security Guidelines for Residents, the apartment
community provides no guarantee of personal safety
and security.
For this reason, we strongly recommend that you:
;� Obtain adequate renter's insurance coverage for
your personal belongings.
;� Obtain adequate automobile insurance coverage
; Practice the tips outlined in the Security
Guidelines for Residents. (See pages 3 and 4)
FIRE
Fires are a serious problem in apartment
communities, much more so than in a single-family
dwelling, due to the number of families living within
each building. Though damage is usually confined to
property loss and damage, the loss of personal items
can be quite an emotional experience. Most often
started through carelessness with cooking, matches,
cigarettes, and fireplaces, many fires can be avoided by
using caution and common sense.
Be prepared plan ahead for everyone's safety
As part of your planning, explore your community.
Know every possible exit, including exits from laundry,
storage and clubrooms. If hallways become smoky in a
fire, your memory can help you find the way out.
Remember never to use elevators in a fire. Keep exit and
stairwell doors closed at all time, but not locked. Keep
exits clear of debris and storage.
Focus on these four elements in your fire safety plan:
;� Prevention
.• Detection
;. Escape planning and practice
•;• Fire Department notification (Dial 911)
An ounce of prevention
An ounce of prevention can save your life. Prevention
is your best insurance against fire. We recommend that
you take these simple fire safety precautions in your
own apartment to prevent fires from starting:
❖ Let cooking grease cool and pour into a metal can.
;� Monitor children carefully. Do not let children
cook on the stove.
;� Keep lighters and matches out of the reach of
children.
;� Avoid cooking while intoxicated, medicated, or
sleepy.
•:• Rather than trash cans, use an empty metal
container such as a coffee can for ashtray
disposal.
:• Do not remove, disable, or take batteries out of
your smoke detector(s). Test smoke detectors
monthly to make sure they are still functional.
.• Do not store gas-operated tools or vehicles
(motorcycles) inside the apartment or under
stairwells.
❖ Barbecue grills are not allowed on balconies,
patios or stored under stairways.
Fireplace safety
;� Use dry and well-seasoned hardwoods. Softwoods
tend to burn away too quickly, and scrap lumber
produces excessive sparks.
.• Never use compressed wood dipped in tar, pitch,
creosote, such as DuraFlame logs, as this
produces sputtering, smoking fires with toxic
fumes and causes build-up inside chimney.
:• Never use fire starters such as charcoal lighter or
kerosene and definitely no "gasoline"
;� Never burn trash or Christmas trees in the
fireplace.
•:• Always use a log grate. It positions the fire
properly and ensures a good flow of combustible
air to and around the fire—producing the most
efficient fire.
; Do not drop logs into the fireplace as this may
damage the fireplace floor and walls.
.• Build moderate to small fires. Most fireplaces in
apartments are not designed for roaring fires.
.• Be sure the damper is open before starting the
fire and close the damper securely only when the
fire is completely out and the ashes are cold.
❖ Use a fireplace screen and keep it clean.
;� To start a fire, crumble newspapers on grate and
lay in small pieces of dry kindling wood. Place two
or three small logs to rear of grate. Open damper
and light newspapers, then close screen to keep
sparks and embers in.
.• Never leave the fire unattended or with
unattended children.
;• Never clean or empty the fireplace until the fire is
out and ashes are cold. Always place in a metal
ash container (not plastic or paper trash bag) to
cool off or be watered down. Ashes three to four
days old that were thought to be out have caused
many fires.
•:• Never leave ashes inside garages or on balconies.
Do not dispose of your ashes in flower or shrub
beds. Set them outside in a safe place.
;� Never put hot ashes in a dumpster.
Blue Moon eSi nature Services Document ID: 453707944
•;• Never store firewood in any manner that would
inhibit or block any exit, stairway or balcony if it
caught fire.
Fire laws and insurance requirements prohibit the use of
BBq grills in breezeways, balconies, patios, or within 10
feet of a building. Lighter fluid and flames are
potentlally hazardous to items such as boxes, furniture
and the building.
Make sure smoke detectors work properly
If a fire occurs, smoke detectors alert you right away
so that you can get out of the building safely.
If you notice that smoke detectors in your own
apartment or in public hallways are beeping, be sure to
change batteries or have electrical systems checked.
Under vour lease. it is vour resaonsibilitv to realace
dead or missing batteries immediately. Do not disable
your smoke detector. Disabling a smoke detector or
removing working batteries is a violation of Texas law.
Establish and practice escape plans
In a fire, there is no time to stop and think. You need
to know in advance two escape routes from your
apartment and your building. That is why it is critical
that you make and practice escape plans.
;• Determine evacuation procedures, and decide on
a meeting place outdoors. Go there as soon as
you exit the building and stay there. This way, you
can keep track of who is out and who may be
trapped inside. If you think someone is trapped,
tell the fire department. Never go back into the
building yourself.
.• Practice! Rehearse your escape plans. Make sure
that your children understand the plan. Do you
have senior citizens, infants, disabled or ill
occupants living with you who will need help?
Plan for these situations now.
IN CASE OF FIRE, CALL 911 A.S.A.P!
What to do if fire strikes
Do not rush out of your apartment into the hallway.
First, feel the door. If it is hot, use another way out. If
the door is cool, leave by the nearest exit.
Use the stairs. Close all doors behind you to slow fire
spread.
If your planned escape route becomes smoky, get down
on your hands and knees and crawl. Smoke rises, so the
cleanest air is near the floor.
If you cannot escape your apartment, stuff wet
towels, sheets and clothes around the door and vents to
keep smoke out. Call the fire department and tell them
where you are. If no smoke is coming into the room you
are in, open a window slightly. Stay low and wave a
bright cloth, towel or sheet out a window to signal your
location.
Remember, by accepting your responsibility to keep
your apartment safe from fire, you are not only
protecting yourself, but your neighbors as well. A little
bit of planning and awareness can make the difference
between safety and disaster for everyone.
FREEZING WEATHER
In the event of severe, freezing weather, please take
the following precautions:
;� Drip all the faucets in your apartment. Drip both
the HOT and COLD water.
.;. Turn on the heat and set on 50° minimum. Open
your closet and cabinet doors to expose plumbing
pipes so that these spaces are heated.
If you are going to be away from your apartment for
an extended period, please leave the thermostat on SO°
minimum. These precautions are essential to avoid
substantial damage to your apartment from broken
pipes.
If you have negligently failed to take these
precautions, you may be liable for damages to you and
your neighbor's apartment. This is especially important
if you do not have insurance to cover this damage.
STORMS (Violent or Electrical Thunderstormsf
Spring usually brings with it rapidly changing weather
patterns including violent electrical and/or
thunderstorms.
The following actions will help prevent damage to the
property caused by high wind and heavy rain:
;� Secure outdoor furniture, plants, and decorations
to prevent them from blowing away or blowing
into windows, cars, etc.
;• Make sure all doors and windows are securely
closed.
;� Turn ofF and unplug computers, television sets
and all other electrical equipment.
;� Stay indoors.
SUSPICIOUS ACTIVITY AND NOISE
Identifying suspicious behavior
Anything that seems unusual or "out of place" could
be criminal activity. Working as a partner with police,
every resident has a responsibility to report any
suspicious behavior. Do not think that you are bothering
the police. Consider the results if a crime is in progress
and you do not act!
Never attempt to apprehend a person committing a
crime or to investigate suspicious activity. Leave any
confrontations to the police. Allow police to perform the
job they are trained to do.
Not every stranger who enters your property is a
criminal, but criminals do take advantage of activity in
apartment communities by pretending to be
legitimately involved in sales, repair, and service. If you
see any solicitors in your community contact the ofFice.
If you suspect that any employee is involved in illegal
activity, please contact the Manager immediately.
Noise from neighbors
If you have a noise complaint concerning a neighbor,
we recommend the following procedure:
.• First, calmly speak with your neighbors yourself.
They may not be aware of the disturbance.
;• Second, if the problem persists, contact the
management office. After office hours, the
answering service will contact a staff member to
address the problem. Please call the office again
during business hours so that we can monitor the
situation.
�;� Third, contact the police. These calls are
considered low priority, but they will respond.
Blue Moon eSi nature Services Document ID: 453707944
Solicitors
For your personal safety and protection, do not allow
strangers into your apartment. Your apartment
community does not allow door-to-door solicitors of any
type. If you are bothered by solicitors, please contact
the office or local police department.
Lighting
The maintenance of the exterior lighting at our
community is an important part of our maintenance
program. If you notice that lights are out, please contact
our office and we will handle your request.
SECURITY GUIDELINES FOR RESIDENTS
In cooperation with the Texas Apartment Association,
we'd like to give you some important safety guidelines.
The Texas Police Association and the Sheriffs'
Association of Texas have approved these suggestions.
We recommend that you follow these guidelines and
use common sense in practicing safe conduct. Inform all
other occupants in your dwelling, including any children
you may have, about these guidelines.
Personal security-while inside your apartment
1. Lock your doors and windows-even while inside.
2. Engage the keyless deadbolts on all doors while
you're inside.
3. When answering the door, see who is there by
looking through a window or front door peephole.
If you don't know the person, first talk with them
before opening the door. Don't open the door if
you have any doubts.
4. If children (who are old enough to take care of
themselves) are left alone in your apartment, tell
them to use the keyless deadbolt and refuse to let
anvone inside while you are gone-regardless of
whether the person is a stranger or an apartment
maintenance or management employee.
5. Don't put your name, address, or phone number
on your key ring.
6. If you're concerned because you've lost your key
or because someone you distrust has a key, ask
the management to re-key the locks. You have a
statutory right to have that done as long as you
pay for the re-keying.
7. Dial 911 for emergencies. If the 911 number does
not operate in your area, keep phone numbers
handy for the police, fire, and emergency medical
services. If an emergency arises, call the
appropriate governmental authorities first, and
then call the management.
8. Check your smoke detector monthly to make sure
it is working properly and the batteries are still
good.
9. Check your door locks, window latches and other
security devices regularly to be sure they are
working properly.
10. If your doors or windows are unsecured due to
break-ins or malfunctioning locks or latches, stay
with friends or neighbors until the problem is
fixed.
11. Immediately report to management--in writing,
dated and signed-any needed repairs of locks,
latches, doors, windows, smoke detectors, and
alarm systems.
12. Immediately report to management--in writing,
dated and signed-any malfunction of other
safety devices outside your apartment, such as
broken gate locks, burned out lights in stairwells
and parking lots, blocked passages, broken
railings, etc.
13. Close curtains, blinds, and window shades at
night.
14. Mark or engrave your driver's license number or
other identification on valuable personal property.
15. Lock your doors while you're gone. Lock any door
handle lock, keyed deadbolt lock, sliding door pin
lock, sliding door security bar that you have.
16. Leave a radio or TV playing softly while you're
gone.
17. Close and latch your windows while you're gone,
particularly when you're on vacation.
18. Tell your roommate or spouse where you're going
and when you'll be back.
19. Don't walk alone at night. Don't allow your family
to do so.
20. Don't hide a key under the doormat or a nearby
flowerpot. These are the first places a burglar
looks.
21. Don't give entry keys, codes, or electronic gate
cards to anyone.
22. Use lamp timers when you go out in the evening
or go away on vacation. They can be purchased at
most hardware stores.
23. Let the manager and your friends know if you'll be
gone for an extended time. Ask your neighbors to
watch your apartment since the management
cannot assume that responsibility.
24. While on vacation, temporarily stop your
newspaper and mail delivery, or have your mail
and newspaper picked up daily by a friend.
25. Carry your door key in your hand, whether it is
daylight or dark, when walking to your entry door.
You are more vulnerable when looking for your
keys at the door.
Personal security-while using your car
26. Lock your car doors while driving. Lock your car
doors and roll up the windows when leaving your
car parked.
27. Don't leave exposed items in your car, such as
cd's, wrapped packages, briefcases, or purses.
28. Don't leave your keys in the car.
29. Carry your key ring in your hand whenever you
are walking to your car--whether it is daylight or
dark and whether you are at home, school, work,
or on vacation.
30. Always park in a well-lighted area. If possible, try
to park your car in an off-street parking area
rather than on the street.
31. Check the backseat before getting into your car.
32. Be careful when stopping at gas stations or
automatic teller machines at night--or anytime
when you suspect danger.
Personal security awareness
No security system is failsafe. Even the best system
can't prevent crime. Always act as if security systems
don't exist since they are subject to malfunction,
tampering, and human error. We disclaim any express or
implied warranties of security. The best safety measures
are the ones you per-form as a matter of common sense
and habit.
Blue Moon eSi nature Services Document ID: 453707944
RENTAL PAYMENT
Although your rental payment policies are stated in
your Apartment Lease Contract, we will explain them
further here:
•:• All rent is due on the 1�� of the month and is late
on the 2nd.
❖ If your rent is received by the office after the
date specified on your lease, you will be
charged a late charge equal to 10% of the
rent listed on para�raph 6 of vour lease on
the 4th. Due to fair housing non-
discriminatory practices, no exceptions can be
made.
;� No personal checks will be accepted after the 3rd
of the month. After that date, you must use either
a money order or cashier's check. Cash is not
accepted.
❖ We can only accept personal checks from a
resident listed on the lease. No checks will be
accepted if they are drawn on a company account
or if they are written by a non-resident. Bank
drafts are not accepted.
;� A returned check fee plus applicable late charges
will be assessed on all checks returned by a bank
for any reason. Returned checks must be cleared
by cashier's check or money order within 24 hours
of notification.
;� After we receive 2 returned checks we will no
longer accept personal checks for the rent on your
apartment (or any other charges). You must pay
by cashier's check or money order.
�;� No cash will be accepted at any time for rental or
other payments.
STANDARD CHARGES AND FEES
Throughout this handbook fees or charges are noted
for various services performed. The list below is a quick
reference guide for your convenience.
Keys/access devices & locks
Duplicate keys 25.00
Re-keying Lock 50.00
After-hours charge when locked out 50.00
Rent
Late Charge (initial) 10�0 of Rent
Returned Check Charge plus all late fees 75.00
Pet Fee $300 non-refundable fee per pet
Pet Rent 525.00 per pet
Trash Fee
Electricity Connect Fee
525.00-550.00/bag
50.00
CHILDREN
Persons under 14 must be supervised by an adult
proficient swimmer.
If a member of our staff sees a child playing in a
manner that is physically dangerous or damaging to the
community, that staff member may escort the child
home and inform the parents of the situation. If the
child cannot be identified or is unsupervised, we may
keep the child in the office until the parents are located.
Parents can be held personally responsible for theft or
property damage caused by their children. Parents and
guardians must be very careful when entrusting their
children to others.
Since unattended children are always at risk for injury or
abduction, please teach your child personal safety rules.
Our community policies do not allow parents or
guardians to leave children under the age of 14 without
adult supervision. We are obligated to report
unattended children to child protective service agencies.
Children under the age of 14 are not permitted in the
following areas unless accompanied by an adult 18
years of age or older:
•;• Laundry rooms
;� Exercise rooms
: Club rooms
;� Pool areas Persons under 14 must be supervised
by an adult proficient swimmer
�;� On or near access gates
No children of any age are allowed in:
;• Construction areas
High voltage equipment areas or mechanical room
DECORATING
The staff at your apartment community works very
hard to maintain your community's attractive
appearance. We ask that you assist us in the following
ways:
•;• All window coverings must show ONLY the blinds
provided by the property when viewed from
outdoors. Foil or window tinting is NOT permitted
in windows. Holiday decorations are allowed but
must be removed within two weeks of the
holiday.
;• No structural changes or additions may be made
to the exterior of the building, including patios
and balconies.
❖ Since the appearance of patios and balconies
affect the appearance of our community, patios
and balconies may not be used for the storage of
trash, boxes, tires, auto parts, broken furniture,
etc. Only furniture designed specifically for
outdoor use will be permitted. The management
reserves the right to monitor the decor and
appearance of your patio or balcony. Roll up
shades, curtains, patio rail modifications or
temporary fencing such as chicken wire or lattice
work, will not be permitted.
•;• No alterations may be made to your front door or
entrance to your apartment other than a decor
wreath. We encourage you to use a front door
mat, but we will remove mats that are not
designed for outdoor use such as carpet scraps or
automobile mats.
;. Inside your apartment, you have the freedom to
decorate by hanging pictures, etc. in accordance
with Lease Contract limitations. However, in order
to receive a refund on your security deposit, you
must return the apartment to its original
condition, except for reasonable wear and tear as
defined by statute. If you fail to do so, you will be
charged appropriately.
•:• Residents are responsible for any damages caused
by their waterbeds.
Blue Moon eSi nature Services Document ID: 453707944
PETS
Pets are not allowed, even temporarily, anywhere in
the apartment without a pet agreement. Pets are never
allowed to be left on the patio unattended. No
unauthorized pets may be fed from the apartment or
any part of the community. To avoid a fine, pet waste
must be immediately picked up and disposed of by pet
owner. Pets must be on a leash when outside of
apartment. See a member of the management team for
current pet fees and limitations.
KEYS/ACCESS DEVICES & LOCKS
The care and maintenance of the keys/access devices
and locks to your apartment is of critical importance.
No one should have a key or other entry device to
your apartment without written permission. This
includes family, friends, delivery and repair services.
(Management will retain a key/access device.)
Additional policies regarding keys/access devices and
locks:
; If you lose your apartment keys/access devices or
wish to have your lock re-keyed, we will do so for
a charge of $50.00 per lock.
�;� After office hours, a charge of 50.00 will be
assessed for letting you back in after you have
inadvertently locked yourself out. Residents must
provide photo identification before the staff can
allow them access to an apartment. Our staff will
open the door only for the residents or
"occupants" listed on the lease.
;� Take precautions with your keys/access devices.
Do not hide them outside your home. Do not give
your keys/access devices to acquaintances. Do not
put your address on your key ring. Keep your car
keys and your apartment keys on separate rings.
;� Your apartment is provided with a latch on each
window and a keyless deadbolt on every exterior
door. If your apartment has a sliding glass door, it
is equipped with a pin lock and one additional
latching device, either a handle latch or a security
bar.
�:� We strongly recommend that you keep all
windows and doors locked at all times.
Immediately upon move in, check all of the above
and report any broken, missing or inoperable
items to the manager.
;� Flags are not allowed to be displayed, EXCEPT for
the following: American flag, Texas flag, Military
flags, and team flags on game day only.
All requests for service must be made in writing!
ADMINISTRATION FEE
A non-refundable administration fee of $250-$350 is
charged to all residents at time of application. This fee
does not cover any move-out cleaning and/or damage
charges.
APARTMENT TRANSFERS
Occasionally residents choose to transfer from one
apartment to another within an apartment
community. Contact the management office if you are
interested in transferring to another apartment for
details.
MOVING
Your apartment community's move-out policies are
outlined in your Apartment Lease Contract; however,
we will clarify them further.
In order to receive a full refund of your apartment
security deposit, you must follow all of the
procedures:
: Fulfill the complete term of your current lease
contract.
: Give a 60-day written advanced notice to a
member of the ofFice staff in the office. We
strongly recommend visiting our office in person
and completing a prepared form rather than
slipping a note through the night drop.
: Pay all rent and charges through the scheduled
day of your move-out.
; Remove all personal belongings from the
apartment and follow the Move-Out Cleaning
Instructions to thoroughly clean your
apartment. If you have changed the decor of
the apartment, return it to its original condition.
: Provide the office with a complete forwarding
address, in writing.
Return all keys, including access gate card keys or
opener, gym keys, garage door keys if applicable, to the
office. When you are ready to return your keys, we
strongly recommend that you ask a member of our
office staff to accompany you on an inspection of your
apartment to determine its condition and verify the
amount of your refund. Your security deposit is subject
to deductions as authorized in the Lease Contract.
MOVE-OUT CLEANING INSTRUCTIONS
Kitchen
1. Refrigerator: Defrost, clean, wash and disinfect all
surfaces. Turn refrigerator off and leave doors
open to prevent mildew.
2. Range: Clean all surfaces to remove grease and
burned on particles. Thoroughly clean knobs and
polish chrome surfaces. Clean underneath
burners.
3. Vent-a-hood: Clean all surfaces to remove grease
and burned on particles. Remove, clean and
reinstall filter. Do not attempt to clean secondary
charcoal filter!
4. Dishwasher: Remove debris and wipe inside
surfaces. Clean and polish the front panel
including knobs.
5. Sink: Scrub and clean sink with appropriate
cleanser. Clean garbage disposal insert or gasket,
cover and sink strainer. Polish faucet set.
6. Cabinets and Drawers: Remove all lining material,
wash and disinfect all shelves and interior
surfaces. Clean and shine countertops and cabinet
fronts
7. Thoroughly clean light fixture covers, electrical
outlet covers and switch plate covers.
8. Clean areas between appliances, walls and
cabinets.
9. Floor: Sweep and scrub.
Bathroom
1. Bath/Shower: Thoroughly clean tile, porcelain, or
fiberglass surfaces. Do not use Ajax or similar
abrasive on fiberglass. Polish faucet sets and
chrome.
2. Commode: Remove disinfectant devices from the
tank. Clean and disinfect all surfaces.
3. Sink: Clean and scour sink. Polish faucet set
Blue Moon eSi nature Services Document ID: 453707944
4. Mirror: Clean with glass cleaner.
5. Cabinets, Drawers, Medicine Cabinet: Remove all
lining material, wash and disinfect all shelves and
interior surfaces. Clean countertop and cabinet
fronts.
6. Floor: Sweep, clean, and disinfect.
General
1. Clean all light switches, all window and sliding
glass door tracks, windows, the front door, mini-
blinds, and all light fixtures and ceiling fans.
2. Sweep patio, sweep cobwebs from around sliding
glass door, siding and other areas. Clean patio
light fixture. Clean sliding glass door.
3. Vacuum carpet.
4. Remove debris from fireplace and thoroughly
clean ashes from fireplace interior surfaces.
5. Make sure all debris is removed from the
apartment, including clothes hangers and trash
bags.
6. Replace all burned out or missing LED light bulbs.
7. Replace dead or missing smoke detector batteries.
8. A copy of our standard cleaning charges is
included on pages 11 and 12 which will be
deducted if you fail to adequately clean.
PACKAGE CONCIERGE
; The Package Concierge is a bank of electronic
lockers where your packages are delivered by any
delivery agent for your easy retrieval at any time.
•:• When you move in, you will receive your
username in an email from Package Concierge.
❖ You will receive an email or text from Package
Concierge when a package is delivered.
❖ Because we use this electronic locker system,
packages will not be accepted at the apartment
office.
PARKING
Your Apartment Lease Contract allows the apartment
management to regulate the manner and time of all
parking. Our obligations to all residents require that we
apply these policies fairly to benefit the greatest
number of residents.
General parking and vehicle policies are:
.• Motor homes, semi tractors, campers, boats,
trailers and other recreational vehicles may NOT
be parked in the community.
•:• Inoperable vehicles will be towed at the resident's
or visitor's expense. Inoperable vehicles include
any vehicle with flat tires, severe damage, expired
license plates or inspection stickers. These
vehicles will be tagged by the management staff
with a 24-hour warning, inspection sticker
violations will be tagged with a 10 day warning.
To avoid being towed, you must correct the
problem or remove the vehicle from the
community within the one to 10 day period.
;� Residents may change a flat tire while the vehicle
is parked at our apartment community. However,
all other repairs and maintenance are prohibited
to prevent damage to the parking areas.
;� Vehicles which are illegally parked, such as in a
fire lane, another resident's reserved parking
space, on the grass or sidewalk, or blocking a
trash dumpster, may be towed without notice 24
hours a day. Each vehicle needs to be within a
single parking space.
; Motorcycles or other motor vehicles may not be
parked in breezeways or patios.
POOLS
The pools are provided for the enjoyment of all
residents. Help us keep the pools clean and safe by
remembering the following policies:
.• Lifeguards are not provided. Swim at your own
risk. For your safety, do not swim alone.
Management is not responsible for accidents or
injuries.
;� There is absolutely no drinking, eating, or smoking
while in the pool. Use plastic or paper containers
only. Glass items are not permitted.
.• Please refer to the posted pool hours in your
apartment community.
.• Persons under 14 must be supervised bv an adult
qroficient swimmer.
;• Do not swim if you have been ill with diarrhea
within the past 2 weeks. Diaper changing within 6
feet of the pool is prohibited. Extended breath
holding activities are dangerous and prohibited.
;� Pets in the pool area are prohibited except for
service animals.
�;� Only proper swimming attire is allowed. A
swimsuit cover-up should be worn to and from
the pool. Cut-offs and thongs may not be worn in
the pool.
•;• Respect others by keeping noise to a minimum,
covering pool furniture with a towel when using
suntan oils, leaving pool furniture in pool areas,
disposing of trash properly and keeping pool gates
closed.
In case of emergencv. dial 911.
LAUNDRY
Laundry rooms are provided for the convenience of all
residents. Please report any problems or needed repair
to the office. We will take prompt action.
.• Children under the age of 14 must be
accompanied by an adult 18 years of age or older.
.• Please help us keep the laundry rooms clean by
properly disposing of all trash. Remove lint from
dryer lint traps and dispose of in trash receptacle.
•;• Laundry washed in the community laundry room
has priority for the dryers BEFORE laundry washed
elsewhere.
FITNE55 ROOM
The fitness room is provided for the enjoyment of all
residents. Help us keep the fitness room clean and safe
by remembering the following policies:
;• Please check with your physician prior to the use
of the fitness room.
:• Use of the fitness room is not recommended for:
individuals consuming alcoholic beverages or
taking medications, or persons with heart or other
serious medical conditions
For your safety and enjoyment and for the safety and
enjoyment of others;
;• Keep body clear of weights and other moving
parts when using fitness equipment.
;� Do not make repairs on fitness equipment. Please
report needed repairs to the management.
;� Do not use, adjust or operate fitness equipment
beyond your physical limitations.
•:• Please report vandalism and unauthorized users.
:• Do not move or remove fitness equipment from
the fitness room.
;� Do not leave personal items in the fitness room.
; Management is not responsible for lost or stolen
articles.
Blue Moon eSi nature Services Document ID: 453707944
•;• Respect others by keeping noise to a minimum
and by disposing of trash properly.
In case of emer�encv, dial 911
GENERAL POLICIES
:• Amenities are provided for the enjoyment of all
residents. Help us keep the areas clean and safe
by remembering the following policies:
•;• Attendants are not provided. Use the amenities
at your own risk. Management is not
responsible for accidents or injuries.
; Amenity hours are subject to management
discretion; please refer to the management
office for current hours of operation.
: Children under the age of 14 must be
accompanied at all times by a parent or legal
guardian (all wet areas and others as specified).
•;• Pets are not allowed in any amenity area.
: Use plastic or paper containers only. Glass is not
permitted. (Alcoholic beverages are not allowed
in indoor amenity areas.)
.• Read directions before operating any
equipment. Proper use of the equipment is
imperative to prevent abuse of the equipment
and to keep it in proper working condition. No
horseplay!
PACKAGES
: We reserve the right to perform construction
during business hours to repair/renovate the
conditions of both the interior or exterior of the
property.
; In case of emergency, dial 911
SATELLITE DISHES
: Residents who wish to install a satellite dish or
receiving antenna must sign the latest "Satellite
Dish and Antenna Addendum to Lease
Contract" published by the Texas Apartment
Association and comply with the requirements
of that addendum. A resident may install no
more than 1 satellite dish or receiving antenna
on the leased premises (inside your dwelling or
an outside area that is leased exclusively to the
resident such as a balcony, patio) dish
installation is not permitted in the yard/grass
areas. No other satellite dishes or antennas are
allowed. An additional general security deposit
of 500 will be charged as a condition of having
a satellite dish or antenna. Liability insurance in
a coverage amount of 250 000 will also be
required.
The Encore on Mustang Apartments will not be able to accept packages.
PICTURE RELEASE
Slate Apartments has my permission to use my or my child's photograph publicly to promote the community. I
understand that the images may be used in print publications, online publications, presentations, websites, and social
media. I also understand that no royalty, fee or other compensation shall become payable to me by reason of such use.
RELEASE AND CONSENT
I, as a resident or occupant of The Encore on Mustang Apartments agree as follows:
1. I may wish to participate in activities at the Apartment Community named above, including but not limited to:
Sauna, Swimming Pool, Fitness Room, Exercise Equipment, Playground, Dog Park, BBQ Pits & Other Activities.
2. I agree to exercise due care for my safety at all times, and I assume all risks associated with or incidental to the
activities named above.
3. In consideration for my being permitted to participate in such activities, I release and discharge the Apartment
Community, its owners, managing agents, officers, directors, agents, employees, and assigns from all present and
future claims and liabilities resulting from my participation or involvement in any of the above activities, including
but not limited to property damage and personal injuries.
4. I will refrain from participation in such activities if my health, medical condition, medical treatment, or prescription
medicine makes such activities dangerous for me. I give management permission to summon or provide, at my
expense, medical personnel or treatment in connection with such activities—but management will have no duty to
do so. If I need medical attention, I consent to all necessary treatment and authorize all steps necessary to treat any
injury or condition.
I understand that this is a full and complete release and a covenant not to sue. I have read it carefully and thoroughly
and have executed it voluntarily.
��������
Resident Signature:
Resident Signature:
Resident Signature:
Resident Signature:
Resident Signature:
Blue Moon eSi nature Services Document ID: 453707944
SECURITY ACKNOWLEDGEMENT AND RELEASE
I hereby state that I have inspected the apartment and have determined to my satisfaction that the smoke detectors,
door locks and latches, window locks and latches, and other security devices in the apartment are adequate and in
proper working order. Any comments that I have about the security devices in the apartment are contained on the
Move-In/Move-out Inventory and Condition Form. I understand that the Move-in Condition form is not a written
request to Owner to repairs any device. If such repairs are needed, I agree to promptly inform Owner in writing. I
acknowledge that Owner is under no obligation or duty to inspect, test, or repair any device unless and until Owner has
received written request from me, except when the initial lease term begins and in the case of smoke detectors, when a
new detector is installed by the Owner.
I recognize that Owner, its agents and legal representatives are not insurers. I understand that Owner, its agents and
legal representatives do not guarantee, warrant or assure my personal security and are limited to their ability to provide
protection. I have been informed and understand and agree that my personal safety and security is my personal
responsibility. In particular, I recognize that it is more reasonable for each individual to determine what risks of loss are
unforeseeable and to protect against such losses. I, therefore, agree that it shall be my responsibility to obtain insurance
to protect against our losses and to take all other reasonable steps to protect my safety.
I agree that the furnishings of the safety devices will not constitute a guarantee or warranty of their effectiveness or
impose any obligation on Owner to continue them, except as required by TEX.REV.CIV.STAT.ANN.ART.5236. I, hereby
release the Owner, Richmark Properties and their respective agents, officers, directors, owners, partners, employees,
employers, and their legal representative(s) from any claim whatsoever with respect to any personal injury, property
damage, or death: which is in any way related either to my reliance on any of the safety devices mentioned above or to
any defect, malfunction, or inadequacy thereof.
COVERED PARKING
Your apartment community offers reserved parking spaces at an additional charge. Contact the office if you would like
to rent a reversed parking space.
All vehicles parked in the reversed spaces that DO NOT belong to them will be towed at the owner's expense.
ELECTRIC ADDENDUM
I acknowledge that I have had the electricity for my apartment transferred into my own name. The following information
will supply the apartment community with my account data. I also understand that if at any time the electricity is in the
apartment community's name during my residency, the electric service will be disconnected immediately, and all charges
will be billed to my rental account including a$SO utility fee.
����
Resident Signature:
Resident Signature:
Resident Signature:
Resident Signature:
Resident Signature:
AMENITY ADDENDUM
The Encore on Mustang Apartments provides a nice amenity package to our valued residents. As a result, an amenity fee
in the amount of S15 per month will be added to your account for use of the amenities. This fee goes to the
maintenance and upkeep of the amenities on the property.
Amenities include, but not limited to: Swimming Pool, Fitness Room, Outdoor Picnic and Grills, Dog Park, Smart
Technology: smart locks, smart thermostat and video doorbells, and any other amenity that may be added in the future.
"Owner may add, remove, close (temporarily or permanently), upgrade or modify any of the recreation facilities,
amenities or common spaces in Owner's discretion, without notice or compensation; provided that if this agreement
expressly includes a separate Amenity fee, Resident's sole remedy will be limited to a pro-rata credit of such Amenity Fee
for the period a covered amenity is closed or fully unavailable for 14 days or lon�er"
FITNE55 CENTER RULES
•;• No one under the age of 14 years is permitted in the fitness room, without a parent or legal guardian.
; Bicycles, skateboards, roller blades, and pets are not allowed in the fitness center.
: No gum or chewing tobacco inside the fitness room.
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Blue Moon eSi nature Services Document ID: 453707944
; No food, drink in the fitness center, except water in sealed-top bottles.
: No signs, posters, advertisements or decorations may be placed or posted in the fitness room.
❖ Bathing suits and jeans are not permitted in the fitness center.
; Shirts and shoes must be worn, no flip flops or sandals. No jeans or pants with exposed belt loop.
; Residents must accompany theirs guest(s) at all times.
: Please wipe off the machines after each use.
❖ When the fitness center is being used by multiple residents, please limit your time on the cardiovascular
equipment to 20 minutes.
; Persons abusing the equipment will be prohibited from using the fitness center.
: Please refrain from using profanity.
❖ Disorderly conduct and horseplay will not be tolerated.
; The fitness center is open 24 hours but is subject to change when necessary.
POOLADDENDUM
; You may bring two guests per apartment. Please obtain permission from office to have more than two guests.
: Management reserves the right to refuse any one from entering the pool area. Management also reserves the
right to ask anyone to leave at any time.
: Persons under the age of 14 must be supervised bv an adult proficient swimmer.
❖ You must be 14 years of age or older to be in pool area unaccompanied.
; No cut off shorts, street clothes or shoes allowed in pool. Please wear proper swim attire in pool.
; Please conduct yourself in a respectFul manner while using the facilities. No lewd conduct! You are responsible
for your guest behavior at all times.
: No running, diving, horse play or excessive noise in pool area.
; No glass containers allowed in pool area.
: No pets allowed in pool area.
•;• NO LIFE GUARD ON DUTY. Swim at your own risk.
: Slate Apartments and its management are not responsible for you, your guests, or your belongings while in pool
area.
PET PARK RULES
•;• Dogs must stay within specified dog park area.
: Never leave your dog unattended.
❖ Owners must clean up after their dogs.
; Any aggressive dog needs to be immediately removed from pet park.
; Do not bring dogs that are in heat.
; Dogs must be licensed by the City of Richardson and immunized.
: Children must be supervised closely.
; Use the pet park at your own risk.
: Per City of Richardson rules, dogs should always be on a leash before and after using the pet park or elsewhere
on property.
BARBECUE GRILLING RULES
The following is a policy concerning the use and storage of charcoal and gas grills at multi-family dwellings & the use of our
outdoor pool and picnic BBQ areas:
.• The City of Grapevine prohibits the storage or use of all open flame cooking devices (grills, smokers, hibachi, etc.) on any
patio, landing, balcony, porch, or within ten (10) feet of any apartment building, garage, carport, or other structure located
within an apartment complex.
. My signature on this document, to be maintained by the manager of this community, is my acknowledgement that as a
resident of this apartment community, I clearly understand that such cooking is a violation of the fire code subject to a fine
up to $2,000. It is also understood, as the person leasing the apartment, that I am responsible for the compliance as it
relates to other occupants of my apartment as well as my guest.
.• The outdoor BBQ is to be cleaned after each use by residents. You must supervise children around hot grills. Please make
sure all knobs are in the off position before leaving the grilling area. Check surrounding area for flammable debris. Be
courteous with your time if others are waiting to use the grills.
.• The Fire Department will issue fines if this policy is not adhered to.
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Blue Moon eSi nature Services Document ID: 453707944
RESIDENT HANDBOOK & COMMUNITY POLICIES ADDENDUM
I acknowledge receipt of a Resident Handbook & Community Policies which becomes a part of the Lease Contract. The policies set
forth in this handbook are additions to the rules and policies outlined in the Apartment Lease Contract and are binding on all
residents, occupants and guests. Reasonable changes to these rules may be made as provided in your Lease Contract.
Resident Signature:
Resident Signature:
Resident Signature:
Resident Signature:
Resident Signature:
CLEANING AND DAMAGE CHARGES
Provided you have occupied your apartment AT LEAST TWELVE (6) MONTHS, management shall assess charges against the security
deposit for the following unless condition upon move-out exceeds normal wear and tear:
Should you occupy the apartment LESS THAN TWELVE (12) MONTHS, a pro-rated charge will be assessed by management for any of
the above listed work required. Prorate charge will be based on the following schedule:
Painting/Primer $45-$200
Carpet/Flooring Pet Treatment $125-$350
Carpet Shampoo $100-$300
Smoke Damage Based on cost (includes, air ducts, ceiling fans, carpet, blinds, sheetrock, etc.)
General cleaning of any kind is NOT considered to be a condition of normal wear and tear. Please leave your apartment clean. If the
apartment is not left clean, the following charges will apply:
Oven $30 Shower Wall Tile $25
Range Top
Vent Hood
Refrigerator
Floors
Light Fixtures
Cabinets
Sink
Dishwasher
Trash Removal
Clean Ceiling Fans
Remove Wallpaper
Reulacements (flat charge]:
Oven Rack
Exterior poor
Broken/Missing Screen
Broken/Missing Window
Door Key
Fire Extinguisher
Mail Box Key
Fitness Center Key Fob
Peep Holes
Special Extermination
Smart Thermostat
Smart hub
Smart Video Doorbell
Carpet (5 years)
Vinyl Floors (7 years)
$15
$10
$25
$10
$5 each
$12 each
$5
$15
$25 each
$10 each
$20/hr
$25
$125
$45 each
$50
$25
$58
$25
$25
$11
$50-$150 a visit
$100
$180
$100
Pro-rated*
Pro-rated*
Commode
Faucets
Mirrors
Counters
M i crowave
Fireplace
Wash Patio Doors
Wash Windows
Vacuum Carpet
Bathtub
Interior poor
Stove Burner
Drip Pan
2" Mini-Blind replacement
Vertical Blind
Door Locks (non smart locks)
Smoke Detector/Alarm
Refrigerator Crisper Tray
Framed mirror
Window Locks
Smoke Damage
Smart lock
Framed mirror
Stove glass top
$25
$10 each
$10 each
$10 each
$20
$50
$15 each
$10 each
$10 room
$25
$85
$25 each
$10 each
$50 each
$50 each
$40 each
$20 each
$25 each
$195
$15 each
Based on actual cost
$115
$195
$272
By signing below I understand any cleaning and damage costs assessed by management upon move out will be based on the
schedule outlined above. I further understand that any escrow deposit, which was paid by me upon move-in, will be applied towards
any balance owed as a result of the assessment of these charges or any other unpaid sums due.
�
Resident Signature:
Resident Signature:
Resident Signature:
Resident Signature:
Resident Signature:
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Blue Moon eSi nature Services Document ID: 453707944
GRANITE
Granite countertops are a natural stone that require some care to maintain. I agreeing to follow the basic rules of care:
; Clean up spills immediately to minimize damage to your stone. (Don't wait!)
: Use trivets or mats under hot dishes and cookware.
: Use place mats under china, ceramics, silver and other objects that can scratch your stone's surface.
: Use coasters under glassware (especially if they contain alcohol or citrus juices)
:• Clean surfaces regularly with granite cleaner.
; Do not use cleaners that contain acid such as bathroom cleaners, grout cleaners or tub cleaners.
; Do not use vinegar, bleach, ammonia, general-purpose cleaners, or alkaline cleaners not specifically formulated for
stone.
; Do not use abrasive cleaners such as dry cleansers, soft cleansers, and scouring powders because they will scratch
the surface.
I understand that I will be responsible for reimbursement of repairs/replacement if I do not follow the rules listed above
and are negligent in caring for the granite in my rented dwelling.
LEASE ADDENDUM FOR VIDEO DOORBELL
1. Purpose. The purpose of this Addendum is to provide rules, regulations, representations, and agreements related to the
installation and use of video, smart doorbell devices and smart technology front door locks and thermostats (collectively, the
"Video Doorbell").
2. Account creation with provider responsibility is with the resident only. Resident acknowledges that they shall be
responsible for creating an account, activating service, and maintaining service directly with the Video Doorbell provider via
the provider's website, smart phone application, or other similar platForm provided by the provider. Resident agrees that
Owner will not be responsible for providing service to the Video Doorbell nor will Owner be liable for damages caused by
ResidenYs failure to establish or maintain service or by any service interruption.
3. Representations regarding security. Resident acknowledges that the Premises may be equipped with a Video Doorbell and
that such a device cannot be relied upon to provide security and safety because it can be bypassed or rendered inoperable.
Resident acknowledges and agrees that no security system or measure is a failsafe against crime and that the Owner makes
no representations or warranties, either express or implied, regarding safety or security. Such warranties are expressly
disclaimed by the Owner. Resident should always follow safety protocols such as locking doors, locking windows, etc. More
safety procedures are listed in the Community Policies for the property.
4. Use of Video Doorbell. Resident shall not use any Video Doorbell or any other surveillance device in any way to obstruct,
interfere with, or infringe upon the rights, solitude, peace, or privacy of any other person, including other residents,
occupants, guests, or staff at the Owner's apartment community. Video Doorbells and other surveillance devices shall not be
used in any improper, unlawful, objectionable, or offensive manner or for any improper, unlawful, objectionable, or offensive
purpose. Resident agrees not to alter, remove, install, or damage in any way any Video Doorbell or other surveillance device.
Resident agrees to abide by any statute, ordinance, regulation or other governmental restriction related to the use of Video
Doorbells or other surveillance devices.
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Blue Moon eSi nature Services Document ID: 453707944
5. Indemnification against claims of misuse. Resident agrees to reimburse, indemnify, and defend Owner from and against any
and all claims and liabilities incurred by Owner related to the use of a Video Doorbell or other surveillance device or the
violation of this Addendum or any statute, ordinance, regulation or other governmental restriction by Resident, any member
of Resident's household, or any occupant or guest of Resident. Owner is not liable or and Resident shall promptly reimburse
Owner for damage to the Video Doorbell caused in any way by Resident, any member of ResidenYs household, or any
occupant or guest of Resident
6. Representations regarding privacy: Resident expressly acknowledges that they may be subject to surveillance and recording
while using the common areas, garages, hallways, and amenities of the Owner's apartment community. Resident
acknowledges and agrees that Resident maintains no reasonable expectation of privacy in any common area or amenity of
the Owner's apartment community or any portion(s) of the Premises that may be in plain view from any, Doorway, walkway
common area, or amenity. By making the voluntary decision to use the common areas and amenities or to expose portions
of the Premises to the plain view of any common area or amenity, Resident takes full responsibility for and assumes all risk of
loss of privacy and solitude.
Default. Resident acknowledges, understands, and agrees that the rules and regulations contained in this Addendum shall
also apply to the conduct of all members of the Resident's household and to all of Resident's occupants and guests. Resident
further acknowledges and agrees that a violation of any portion of this Addendum by any member of the ResidenYs
household or any of ResidenYs occupants and guests shall be considered a default of this Addendum and the Lease by
Resident. Resident acknowledges that a failure to comply with this Addendum, including the misuse of any Video Doorbell or
other surveillance device by Resident, any member of Resident's household, or any occupant or guest of Resident shall be a
material breach of the Lease by Resident for which Owner is entitled to exercise all rights and remedies available by the Lease
and under the law, including termination of ResidenYs right to possession and the pursuit ofjudicial eviction.
I have read, understand, and agree to be bound by and to comply with the preceding provisions:
Resident Signature:
Resident Signature:
Resident Signature:
Resident Signature:
Resident Signature:
OWNER or OWNER'S REPRESENTATIVE:
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Blue Moon eSi nature Services Document ID: 453707944
M&C Review
CITY COUNCIL AGENDA
Page 1 of 7
Official site of the City of Fort Worth, Texas
P��� ��A��'�
-:��
Create New From This M&C
REFERENCE 19NS 2023-2027
DATE: 8/8/2023 N� : M&C 23-0631 LOG NAME: CONSOLIDATED PLAN AND
2023-2024 ACTION PLAN
CODE: C TYPE: NON- PUBLIC YES
CONSENT HEARING:
SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2023-2027
Consolidated Plan Priorities and Goals and 2023-2024 Annual Action Plan for the Use of
Federal Grant Funds in the Amount of $13,452,621.00 to be Awarded by the United
States Department of Housing and Urban Development from the Community
Development Block Grant, HOME Investment Partnerships Program, Emergency
Solutions Grant, and Housing Opportunities for Persons with AIDS Program, Authorize
Collection and Use of Program Income, Authorize Execution of Related Contracts, Adopt
Appropriation Ordinance, and Authorize Waiver of Indirect Costs
(PUBLIC HEARING - a. Report of City Staff Sharon Burkley; b. Public Comment; c.
Council Action: Close Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that City Council:
1. Conduct a public hearing to allow citizen input and consideration of the City's 2023-2027
Consolidated Plan Priorities and Goals and 2023-2024 Annual Action Plan for use of federal grant
funds to be awarded by the United States Department of Housing and Urban Development in the
amount of $13,552,621.00 from the Community Development Block Grant, HOME Investment
Partnerships Program, Emergency Solutions Grant, and Housing Opportunities for Persons with
AIDS grant programs, and for the use of program income from activities using prior years' federal
grant funds;
2, Approve the City's 2023-2027 Consolidated Plan and 2023-2024 Annual Action Plan for
submission to the United States Department of Housing and Urban Development, including
allocations of grant funds to particular programs and activities as detailed below;
3. Authorize an increase in the City's Priority Repair Program contract authority by $500,000.00
annually for a total annual amount of $2,500,000.00 for the next five years (Fiscal Years 2023-
2027) contract authority of $46,858,546.53 to reflect the increased annual funding allocation
from $Z,000,000.00 to $2,500,000.00,
4. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' Community Development Block Grant funds
for the City's Priority Repair Program;
5. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' HOME Investment Partnerships Program grant
funds for the City's Homebuyer Assistance Program, and authorize the use of 10 percent of the
program income for administrative costs;
6. Authorize the City Manager or his designee to execute contracts for one-year terms with the
agencies listed in Tables 1,2, and 3 below for Program Year 2023-2024 for Community
Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons
with AIDS grant funds, contingent upon receipt of funding, and satisfactory completion of all
federal regulatory requirements;
7. Authorize the City Manager or his designees to extend the contracts for up to one year if an
agency or department requests an extension and such extension is necessary for completion of
the program, or to amend the contracts if necessary to achieve program goals provided any
amendment is within the scope of the program and in compliance with City policies and all
applicable laws and regulations governing the use of federal grant funds;
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8. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Operating Federal Fund in the total amount of $13,452,621.00 consisting of
$6,994,785.00 in Community Development Block Grant funds, $3,271,119.00 in HOME
Investment Partnerships Program funds, $610,543.00 in Emergency Solutions Grant funds, and
$2,576,174.00 in Housing Opportunities for Persons with AIDS grant funds, plus estimated
program income in the amount of $100,000.00, all subject to receipt of such funds; and
9. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 28.10\%,
estimated total of $393,106.92.
DISCUSSION:
The City of Fort Worth's (City's) 2023-2027 Consolidated Plan assesses community and affordable
housing needs and sets strategic priorities and goals for use of federal grants funds from the United
States Department of Housing and Urban Development (HUD) for a five-year period. These priorities and
goals are to be addressed with Annual Action Plans that summarize the major housing and community
development activities and proposed expenditures for each of the five years.
These priorities and goals were developed to be consistent with strategies and initiatives previously
adopted by the City Council, as well as through an assessment of community needs. This included
Citywide public meetings conducted by JQuad Planning Group, the consultant contracted to prepare the
Consolidated Plan in collaboration with the Neighborhood Services Department staff. The recommended
Consolidated Plan priorities and goals for use of HUD grant funds over the next five years are
summarized below.
PRIORITY NEED GOAL
Promote Affordable Housing Increase neighborhood stability through homeownership assistance;
for Renters and Owners Fair Housing efforts, and supportive services for renters and owners
Housing Preservation and Preserve and expand the supply of quality affordable housing
Rehabilitation throughout the City
Neighborhood Improvement Enhance neighborhood development and revitalization throughout
and Revitalization the City
Economic Empowerment Support programs and services providing employment training and
and Financial Resilience career readiness programs that promote self-sufficiency and
household stability
Support programs and services to prepare children and youth for
Children and Youth Services success through educational, mentoring, training and related
programs
Support programs and services for older adults to access resources
ging In Place needed to age in their homes, while maintaining both their
independence and quality of life
ccessibility Improvements Improve accessibility in public facilities and housing, including
architectural barrier removal
Homelessness Prevention Provide housing and support services for persons experiencing and
and Special Needs Support at-risk of experiencing homelessness; support efforts to achieve
permanent housing
Healthy Living and Wellness Support programs and services to improve the mental and physical
health of low-to moderate-income Fort Worth families
The City's 2023-2024 Annual Action Plan summarizes the ma�or housing ana community aeveiopment
activities and proposed expenditures for the program year beginning October 1, 2023 and ending
September 30, 2024 for use of federal grant funds totaling $13,452,621.00 from the United States
Department of Housing and Urban Development (HUD) from the Community Development Block Grant
(CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG), and
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Housing Opportunities for Persons with AIDS (HOPWA) grant programs. It also summarizes the use of
program income resulting from activities using prior years' CDBG and HOME funds, the primary purpose
of which is to benefit low-and moderate-income persons in Fort Worth. ESG funds primarily benefit
persons experiencing homelessness, and HOPWA funds primarily benefit low-and moderate-income
persons with HIV/AIDS.
A Request for Proposals from social service agencies and nonprofit organizations seeking grant funding
was published on February 1, 2023. All proposals were received on March 15, 2023. Staff reviewed all
proposals and developed recommendations for the allocation of estimated funding from HUD based on
the capacity of applicant organizations, grant experience, fiscal stability, and compliance with applicable
federal regulations. One public hearing was held on April 12, 2023 to provide citizens the opportunity to
participate in the development of the Annual Action Plan. Recommendations for award amounts were
considered and adopted by the Community Development Council on May 10, 2023. These funding
recommendations were presented in City Council Work Session on August 1, 2023.
A 30-day public comment period was held from June 30, 2023 to July 31, 2023. Notice of this public
comment period was published in the Fort Worth Star-Telegram on June 29, 2023; in the Cleburne Times
Review on July 6; in the Weatherford Democrat on July 8; and in La Vida News on July 13.
Any comments received are maintained by the Neighborhood Services Department in accordance with
federal regulations. The City held two public hearings as a part of the HUD required citizen participation
process. The first public hearing was held by staff on July 12, 2023, and the second public hearing is
scheduled for the City Council on August 8, 2023.
A summary of staffs final funding recommendations is provided below in Tables 1,2, and 3. A Powerpoint
presentation listing funding recommendations is also attached. The 2023-2024 Annual Action Plan will be
submitted to HUD by August 15, 2023.
Indirect costs totaling approximately $393,106.92 could be charged to these grants, as the Neighborhood
Services Department indirect cost rate is 28.10\% in the City's most recent Cost Allocation Plan. A waiver
of these costs is requested to allow allocation of these funds to further support the programs and services
to assist low-to-moderate income citizens.
Mayor & Council Communication (M&C) 22-0569 dated August 9, 2022 increased the annual funding
amount of the City's Priority Repair Program (PRP) from $1,100,000.00 to $2,000,000.00. Approval of
this M&C authorizes an additional increase of annual funding from $2,000,000.00 to $2,500,000.00. This
will require an increase in the expenditure authority for the PRP and the contracting authority for PRP
agreements, resulting in an annual increase of $500,000.00. A total five year (Fiscal Years 2023-2027)
contract authority of $46,858,546.53 for PRP is necessary to facilitate the increase in funding from CDBG.
COMMUNITY DEVELOPMENT BLOCK GRANT
For Program Year 2023-2024, it is recommended that the amount of $6,994,785.00 in CDBG funds and
an estimated amount of $50,000.00 in CDBG program income totaling $7,044,785.00 be allocated as
follows:
Public Service Agencies -$1,049,218.00: Includes social services for low- and moderate-income
persons, persons with disabilities, and disadvantaged persons
Housing Programs -$3,910,000.00: Includes funding for the City's Priority Repair Program, Cowtown
Brush-Up, homebuyer and housing services, accessibility modifications for seniors and persons with
disabilities, and related project delivery costs for these programs
Major Projects -$636,610.00: Includes for multifamily rental rehabilitation
Administration -$1,398,957.00: Includes costs for administering the CDBG grant, including allocations
for the Financial Management Services Department
Estimated Program Income -$50,000.00: Includes up to $50,000.00 in funding for the City's Priority
Repair Program. Any CDBG program income over the estimated amount not used for the Priority Repair
Program will be allocated to priority activities in the City's Consolidated Pian, subject to the City Council
approval.
HOME INVESTMENT PARTNERSHIPS PROGRAM
For Program Year 2023-2024, it is recommended that the amount of $3,271,119.00 in HOME funds and
an estimated amount of $50,000.00 in HOME program income totaling $3,321,119.00 be allocated as
follows:
M&C Review
Page 4 of 7
Homebuyer Assistance Program -$408,339.25: Includes funding for down payment and closing cost
assistance for low- and moderate-income homebuyers
Community Housing Development Organization -$490,667.85: HUD requires that a minimum of 15
percent of HOME funds be allocated to Community Housing Development Organizations (CHDOs) for
affordable housing projects. These funds will be used by Housing Channel for multifamily housing
development in southeast Fort Worth. All housing developed with these funds will be sold to
homebuyers making at or below 80 percent of area median income (AMI), set by HUD.
Community Housing Development Organization Operating -$45,000.00:
Major Projects -$2,000,000.00: Includes funds ($1,000,000.00) allocated to the affordable housing
project to be developed by Fort Worth Housing Solutions (FWHS) as a part of its Choice Neighborhood
Initiative (CNI) grant and funds ($1,000,000.00) allocated to the multifamily housing project, Columbia
Renaissance - Phase III
Administration -$327,111.90: Includes costs for administering the HOME grant
Estimated Program Income -$50,000.00: Includes funding for the Homebuyer Assistance Program and
HOME grant administrative costs. HUD allows the City to use 10 percent of any HOME program income
towards the cost of administering the HOME grant. HOME program income over the estimated amount
not used for the Homebuyer Assistance Program will be allocated to priority activities in the City's
Consolidated Plan, subject to City Council approval.
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
For Program Year 2023-2024, it is recommended that the amount of $2,576,174.00 in HOPWA funds be
allocated as follows:
Public Service Agencies - $1,729,850.00
Neighborhood Services Department - $769,039.00
Administration - $77,285.00
EMERGENCY SOLUTIONS GRANT
For Program Year 2023-2024, it is recommended that the amount of $610,543.00 in ESG funds to be
allocated as follows:
Public Service Agencies - $564,752.00
Administration - $45,791.00
CONTRACT RECOMMENDATIONS
The Community Development Council and Neighborhood Services Department staff recommend that
contracts be executed with the public service and CDBG subrecipient agencies for the amounts shown in
the following tables:
Community Development Block Grant Contracts
TABLE 1: CDBG AGENCIES
CONSOLIDATED PLAN
AGENCY GOAL PROGRAM AMOUNT
B Christian Learning Children and Youth Out of School Time $7g,218.00
Center Services Program
Boys & Girls Clubs of Children and Youth Youth Development ��0,000.00
Greater Tarrant County, Inc. Services at Eastside Branch
Children and Youth 000.00
Camp Fire First Texas Services Teens In Action $50,
Cancer Care Services Healthy Living and Cancer Care $50,000.00
Wellness Services
Easter Seals North Texas, Economic Employment
Inc. Empowerment and Services $60,000.00
Financial Resilience
Giris Incorporated of Tarrant Children and Youth 000.00
County Services Leadership Program $100,
Guardianship Services, Inc. Aging In Place Money Smart+ $100,000.00
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using Channel
Junior Achievement of the
Chisholm Trail, Inc.
Maroon 9 Community
Enrichment Organization
Meals-On-Wheels, Inc. of
Tarrant Countv
NPower Inc.
e Ladder Alliance
he Women's Center of
arrant County, Inc.
Promote Affordable Housing Counseling
Housing for Renters and & Education
Owners
Children and Youth Cradle to Career
Services Initiative
Children and Youth �aroon 9 Teen
Services Enrichment Program
ing In Place
Economic
Empowerment and
Financial Resilience
Economic
Empowerment and
Financial Resilience
Economic
Empowerment and
Financial Resilience
Nutrition Program
Tech Fundamentals
Workforce Training
Program
Tarrant County
Workforce
IDevelopment
Employment
Solutions
United Community Centers, Children and Youth Holistic Educational
Inc. Services Literacy Program
CDBG Public Services Agencies Total
Rehabilitation, Education
and Advocacy for Citizens ccessibility Project Ramp
with Handicaps dba Improvements
REACH, Inc.
Fort Worth Area Habitat for H P f
Page 5 of 7
$111,000.00
$25,000.
$25,000.0
$75,000.
$25,000.0
'�:� ��� ��
$75,000.0
$125,000.00
1,049,218.0
$165,000.
ousing reserva ion
Humanity, Inc. DBA Trinity and Rehabilitation Cowtown Brush Up �� $455,000.0
Habitat for Humanity
CDBG Subrecipient Agencies Total
TOTAL CDBG CONTRACTS
Housing Opportunities for Persons with AIDS Contracts
TABLE 2: HOPWA AGENCIES
$620,000.00
1,669,218.00
AGENCY PROGRAM AMOUNT
AIDS Outreach Administration, Support Services, Short-Term Rent,
Mortgage, and Utility Assistance (STRMU), Tenant- $429,850.00
Center, Inc. gased Rental Assistance
Tarrant County Administration, Facility-Based Operations, Supportive
Samaritan Housing, Services, Tenant-Based Rental Assistance (TBRA) �1,300,000.00
Inc.
TOTAL HOPWA CONTRACTS $1,729,850.00
Emergency 5olutions vrants
TABLE 3: ESG AGENCIES
AGENCY PROGRAM AMOUNT
The Presbyterian Night Shelter of Tarrant Shelter Operations/Services $116,635.00
County, Inc.
Lighthouse for the Homeless dba True Worth Day Shelter $158,400.00
Place Operations/Services
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�The Salvation Army ��Homelessness Prevention �$150,000.00
Center for Transforming Lives Rapid Re-Housing $75,901.00
SafeHaven of Tarrant County Shelter Operations/Services $63,816.00
TOTAL ESG CONTRACTS $564,752.00
All figures have been rounded to the nearest dollar for presentation purposes. These programs are
available in ALL COUNCIL DISTRICTS.
Each of these grants is an entitlement grant rather than a competitive grant received from the United
States Department of Housing and Urban Development (HUD). Entitlement grants provide funds to
agencies based on a formula, prescribed in legislation or regulation, rather than based on review. These
specific grants are allocated to the City of Fort Worth based on population size and per capita income
each year. The grants have been consistently awarded to the City since 1974 with the inception of the
Community Development Block Grant (CDBG) through the Housing and Community Development Act of
1974. The Emergency Shelter (renamed Solutions) Grant (ESG) was authorized in 1987 through the
McKinney-Vento Homelessness Assistance Act. The HOME Investment Partnerships Program (HOME)
and the Housing Opportunities for Persons with AIDS (HOPWA) Program were authorized in 1990
through the Cranston-Gonzales National Affordable Housing Act of 1990. With these grants,
administrative and program delivery allocations support approximately 72 FTE positions in the
Neighborhood Services Department, which is funded nearly 70\% with various grants including these
entitlement grants.
Positions funded with HUD Entitlement grants are subject to grant availability. In the event of a grant
award being decreased or eliminated, Neighborhood Services Department would review programs and
services funded by the grants and determine a level of service and stafFing that aligns with the available
funding. Alternatives to consider may include staff and program reductions or eliminations.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current operating budget, as appropriated,
of the Grants Operating Federal Fund. The Neighborhood Services Department (and Financial
Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to
an expenditure being incurred, the Neighborhood Services Department has the responsibility to validate
the availability of funds. This is a reimbursement grant.
TO
Fund Department
ID
FROM
Fund Department
ID
Account
Account
Project I Program Activ
ID
Project Program Activity
ID
Submitted for City Manaqer's Office by:
Oriqinatinq Department Head:
Additional Information Contact:
ATTACHMENTS
Budget Reference # I Amount
Year (Chartfield 2)
Budget Reference # Amount
Year (Chartfield 2)
Fernando Costa (6122)
Victor Turner (8187)
Sharon Burkley (5785)
Rhonda Hinz (2573)
19NS ACTION PLAN 2023 Aqency Form 1295 Forms.pdf (CFW Internal)
http://apps.cfwnet.or�/council pacicet/mc review.asp?ID=31258&councildate=8/8/2023 8/17/2023
M&C Review
Page 7 of 7
Action Plan SOS Filinqs.pdf (Public)
ConPlan July 12 Public Hearin .q pdf (Public)
FWCP Citv Council NQRC Committee Power Point Interim Report Community Enqaqement Report June 2,
2023.pptx (CFW Internal)
IR Consolidated Plan Action Plan 080123.docx (Public)
ORD APP 19NS 2023-2027 CONSOLIDATED PLAN AND 2023-2024 ACTION PLAN 21001 A023(r7).docx
(Public)
httn://apbs.cfwnet.or�/council pacicet/mc review.asp?ID=31258&councildate=8/8/2023 8/17/2023