HomeMy WebLinkAboutContract 60622-R1A1CSC No. 60622- Renewal One and Amendment One Page 1 of 6
CoFW and 3000 Alemeda Street Fort Worth, LLC dba The Life at Westland Estates
RENEWAL ONE AND AMENDMENT ONE
TO CITY OF FORT WORTH CONTRACT NO. 60622
This Contract Renewal and Amendment is made and entered into by and between the City of
Fort Worth (“City”), and 3000 Alemeda Street Fort Worth, LLC dba The Life at Westland
Estates (“Landlord”), each individually referred to as a “Party” and collectively referred to as
the “Parties.”
RECITALS
WHEREAS, the Cityentered into an agreement with the Landlord for rental assistance for
a named tenant, City Secretary Office (CSO) Contract No. 60622 (the "Agreement");
WHEREAS, (“Tenant”) is a participant in the City’s rental assistance
program; 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
December 1, 2024 and expiring November 30, 2025 (“First Renewal Term”) unless earlier
terminated in accordance with the terms of the Agreement.
II
AMENDMENTS TO AGREEMENT
1.Section 3.1 of the Agreement is hereby deleted in its entirety and
replaced with the following:
3.1 Security Deposit
The Tenant shall pay a security deposit for the Unit to the Landlord in accordance with the
Tenant’s lease, attached hereto as Exhibit A. The Landlord will hold this security deposit during
the period the Tenant occupies the dwelling unit under the Lease. The Landlord shall comply with
state and local laws regarding interest payments on security deposits.
After the Tenant has moved from the dwelling unit, the Landlord may, subject to state and
local law, use the security deposit, including any interest on the deposit, as reimbursement for rent
or any other amounts payable by the Tenant under the Lease. The Landlord will give the Tenant a
written list of all items charged against the security deposit and the amount of each item. After
deducting the amount used as reimbursement to the Landlord, the Landlord shall promptly refund
the full amount of the balance to the Tenant.
CSC No. 60622- Renewal One and Amendment One Page 2 of 6
CoFW and 3000 Alemeda Street Fort Worth, LLC dba The Life at Westland Estates
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 of the Agreement is hereby deleted in its entirety. The Section has
been restructured to incorporate subsections 3.2.1 through 3.2.5 and will read
as follows:
3.2 Rent and Amounts Payable by City
3.2.1 Rent.
Initial Term:
The City has been notified that the Tenant’s Total Rent during the Initial Term is $1,448.00
per month for the Unit.
Tenant shall be responsible for $111.00 of rent per month.
City shall be responsible for $1,337.00 of rent per month.
First Renewal Term:
The City has been notified that the Tenant’s Total Rent during the First Renewal Term is
$1,508.00 per month for the Unit.
Tenant shall be responsible for $278.00 of rent per month.
City shall be responsible for $1,230.00 of rent per month.
A complete history of rental obligations due under this Agreement, per lease term, is
included in Attachment A. Neither City nor HUD assumes any obligation for the Tenant’s
Portion of the rent, or for payment of any claim by Landlord against Tenant. The City’s sole
obligation is limited to paying the City Portion of the Rent in accordance with this Agreement.
Tenant shall be liable for rent, payments, and other fees associated with the Unit and City shall not
be obligated by law or in equity for any amount other than the City Portion.
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 $0.00
CSC No. 60622- Renewal One and Amendment One Page 3 of 6
CoFW and 3000 Alemeda Street Fort Worth, LLC dba The Life at Westland Estates
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 of the initial term, and any subsequent renewals, may be somewhat delayed as
a result of the registration and initial set-up process.
If Landlord requests payment under this Agreement by paper check, City payments will be
made as promptly as possible following the first day of the month for which payment is due. If
Landlord request payment by check, Landlord assumes all liabilities related to theft, fraud, and
late payments.
If Landlord elects to receive electronic payments, Landlord will not assess any late fee
against Tenant or City for late payments by City so long as payments are made within thirty (30)
days of the day payment is due. In the event that the lease is provided to the City after the payment
date, then Landlord will not assess any late fee against Tenant or City for late payments by City
so long as payments are made within thirty (30) days of the day the lease is received by City. If
Landlord elects to receive payment by paper check, under no circumstances shall late fees be
assessed against Tenant or City for late payment by the City.
3.2.5 Overpayments. If the City determines that the Landlord is not entitled to any
payments received, in addition to other remedies the City may deduct the amount of the
overpayment from any amounts due the Landlord, including the amounts due under any other
Rental Assistance Agreement.
CSC No. 60622- Renewal One and Amendment One Page 4 of 6
CoFW and 3000 Alemeda Street Fort Worth, LLC dba The Life at Westland Estates
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. 60622- Renewal One and Amendment One Page 5 of 6
CoFW and 3000 Alemeda Street Fort Worth, LLC dba The Life at Westland Estates
IN WITNESS WHEREOF,the parties hereto have executed this agreement, to be effective
December 1, 2024.
FOR CITY OF FORT WORTH: FOR LANDLORD:
Name: Jesica McEachern Name: Natisha Griffith
Title: Assistant City Manager Title: Property Manager
Date: _______________ Date:
APPROVAL RECOMMENDED
Name: Kacey Bess
Title: Neighborhood Services Director
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.: 24-0552
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
CSC No. 60622- Renewal One and Amendment One Page 6 of 6
CoFW and 3000 Alemeda Street Fort Worth, LLC dba The Life at Westland Estates
Attachment A
History of Rental Obligations by Lease Term
Lease Term Total Rent Tenant’s Portion City’s Portion
Initial Term $1,448 $111 $1,337
First Renewal $1,508 $278 $1,230
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This Lease is valid only if filled out beforeJanuary i, �026. '
Apartment Lease Contract
This is a binding contrect. Read carefully before signing.
This Lease Contract ("Lease'� is between you, the residentfs) as listed below and us.Theterms"you" a�d "your" refer to all residents.
The terms "we; "'us," and "our" refer to the owner listed below.
PARTIES
Residents
LEASE DETAILS
OWneY 3000 ALEMEDA STREET FORT WORTH I.I.0
Occupants
A. Apartment (Par.2)
B.InitialLeaseTerm. Begins: 12/O1/2024 Endsat11:59p.m.on: 11/30/2025
C. Monthly Base Rent (Par.3) E. Security Deposit (Par.S) F. Notice ofTermination or Intentto Move Out (Par.4)
$ 150B.00 $ Aminimumof 60 days'writtennoticeof
termination or intent to move out required at end of i nitial Lease
term or during renewal period
Nofethatthisamountdoesnot �
D.ProratedRent includeanyAnimalDeposit which Ifthenum6erofdaysisn'tfilledin,noticeofatleast30days
$ wouldbereflectedinanAnimol isrequired.
Addendum.
❑ duefortheremainderoflrt
month or
❑ for2nd month
G.Late Fees(Par.3.3)
Initial Late Fee Daily Late Fee
� 10 96ofonemon[h'smonthlybaserentor ❑ 96ofonemonth'smonthlybaserentfor daysor
O $ ❑ $ for _ days
Due if rent unpaid by 11:59 p.m. on the 3rd (3rd orgreater) day ofthe month
H. Returned Checkor Rejected J. EarlyTermination Fee Option (Par.7.2) K. Violation Charges
PaymentFee(Par.3.4) S
5 30 . 00 Notice of 60 days is required. Animal Violation (Par.12.2)
Youarenoteli i6leforea�l terminationif Initialchargeof$ 100.00 peranimal(not
8 Y to exceed $100 per animal) and
I.RelettingCharge(Par.7.t) youareindefoult. Adailychargeof$ 10.00 peranimal
A relettin char e of $ 1303 . 05 Fee must be paid no laterthan 30 (notto exceed $10 perday per animal)
9 g days afteryou give us notice
(nottoexceed85%ofthehighest �fanyvaluesornumberofdaysoreblankor"0,' InsuranceViolation(MasterLeaseAddendum
monthlyRentduringtheLeasete�m) thenthisseciiondounotopply. orotherse areteaddendum)
may be charged in certain default P
situations S
L. Additi onal Rent - Monthly Recurri ng Fixed Cha rges. You will pay separately for these items as outlined below and/or in separate addenda,
Special Provisions or an amendment to this Lease.
Animal rent $ 25. 00 Cable/satellite S Intemet $
Packageservice $ Pestcontrol $ Stormwateddrainage $
Trashservice $ Washer/Dryer 5
Other: Reserved Parking 5
Other; Enclosed Garage or Caxport 5
Other: S
Other. $
M. Util ities an d Other Va riable Charges. You will pay separately for gas, water, wastewater, electricity, trash/recycling, utility bil ling fees and other
items as outlined in separate addenda, Special Provisions or an amendmentto this Lease.
UtilityConnectionChargeorTransferFee:S 50.00 (nottoexceed550)[obepaidwithin5daysofwrittennotice(Par.3,5)
N. Ot h er Charges and Requi rements. You will pay separately for these items or comp ly with these requirements as outlined in a Master Lease
Addendum, separate addenda or5pecial Provisions. Initial Access Device: $
AdditionalorReplacementAccessDevices:5 RequiredlnsuranceLiabiliTyLimitfperoccurrence):5
Special Provisions. See Par.32 or additional addenda attached.This Lease cannot be changed unless in writing and signed byyou and us.
Apartment Lease ConVact m2023, Tezas Apartmen[ Azsociation, Inc
Blue Moon e5i nature Services Documen[ ID: 472430171
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i. Definitions.The following terms are commonly used in this Lease:
1.1. "Residents"arethoselirtedin"Residentr"abovewhoslgn
this Lease and are authorized to live in the apartment.
'I.2. "Occupants"arethoselistedinthisLeasewhoarealsoautho-
rized to live in the apartment, butwho do no[ sign this Lease.
1.3. "Owner"maybeidentifiedbyanassumednameandisthe
owner only a nd not property managers or anyone else.
1.4. "In<luding"inthisLeasemeans"includingbutnotlimitedto."
1.5. "Community Policies" are the written apartment rules and
policies, induding property signage and instructions for
care of our property and amenities, with wh ich you, your
occupants, and yourguests must comply.
1.6. "Rent" is monthly base rent plus additfonal monthly
recurring fixed charges.
1.7. "Lease" includes this document, any addenda and
attachments, CommunityPolicies and Special Provisions.
2. Apartment.Youareleasingtheapartmentlistedaboveforuseasa
private residence only.
2.1. Access.lnaccordancewiththislease,you'llreceiveaccess
information or devices for your apartment and mail box, and
other access devices including: POOI, KEY
2.2. Measurements.Anydimensionsandsizesprovidedtoyou
relating to the apartment are onlyapproximations or
estimates; actual dimensions and slzes may vary.
2.3. Representations.Youagreethatdesignationsoraccredi-
tations associated with the property are subject to change.
Rent, You must payyourRenton or 6efo�e the lstday ofeach
month (due date) without demand. There ure no exceptions
regarding the poyment of Rent, and yo u agree not paying Rent on
or before the lst of each month is a material6rearJi of this Lease.
3.1. Payments.You will payyour Rent by any method, manner
and placewe specify in accordancewith this Lease.
Cash is not accepta6le without our prio� written
pe�mission. You cannot withhold or offset Ren t unless
authorized bylaw. We may, at our option, require atany
time thatyou pay Rentand other sums due in one single
payment by any method we specify.
3.2. Application of Paymentr. Payment ofeach sum due is an
independent covenant, which means payments are due
regardlessofourperformance. Whenwereceivemoney,
other than water and wastewater payments subject to
government regulation, v,�e may apply it at our option and
v+ithout notice first to any of your unpa id obligations, then
to accrued rent. We may do so regardless of notations on
checks or money orders and regardless ofwhen the
obligations arose. All sums other than Rent and late fees are
due upon ourdemand.Afterthe due date,we do not have
to aaept any payments.
33. LateFees.lfwedon'treceiveyourmonthlybaserentinfull
when iYs due, you must pay late fees as outlined in Lease De�ils.
3,4. ReturnedPaymentFee.You1lpay[hefeelistedinLease
Details for each retumed check or rejected electronic
payment, plus initial and daily late fees if applicable, until
we receive full payment in an acceptable method.
3.5. Utilities and Services. You'll payforall utilities and services,
related deposits, and any charges or fees when they are due
and as outlined in this Lease. Television channels that a re
provided may be changed during the Lease term if the
change applies to all residents.
If your electricity is interrupted, you must use only battery-
operated I ighting (no flames). You must not allow a ny
utilities (other than cable or Internet) to be cut off or
switched for any reason—including disconnection for not
paying your bills—until the Leaseterm or renewal period
ends. If a utility is individually metered, it must be connected
in your name and you must no[ify the provider ofyour move-
out date. ifyou delay getting service turned on in yourname
by this Lease's start date or cause it to be transferred back into
our na me before yo u surrender or abandon the apartment
you'll be liable forthe charge listed above (notto exteed 550
per billing period), plus the actual or estimated costofthe
utilities used whilethe utiliry should have been billed to you.
Ifyour apartment is individually metered and you change
your retail electric provider, you must give us written notice.
You must pay all applicable provider fees, including any fees
to change service back into our name afteryou move out.
3.6. LeaseLhanges.Leasechangesareonlyallowedduringthe
Lease term or renewal period if governed by Par.10, specified
in Special Provisions in Par. 32, or by a tvritten addendum or
amendmentsigned byyou and us.Ator afterthe end ofthe
initial Lease term, Rent increases will hecome 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 chang es, 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 applles onlyto the end of the current
Leaseterm orrenewalperiod.
�
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 and specified on page 1.Ifthe num6erofAaysisn'tfilled in, no-
ti[e of at least 30 days is required.
Security Deposit.The total security depositfor all residents is due
on or before the date this Lease is signed. Any animal depositwill be
designated in an animal addendum.5ecurity deposits may not be ap-
plied to Ren[ without ou r prior written consent.
5.�. RefundsandDeductions.Youmustaiveusyouradvance
notice of move out as provided by Par. 25 and forwarding,
address in writing to receive a written desaiption and
item ized list of charges or refund. In accordance with this
Lease and ns allowed bylaw, we maydeduct from your
security deposit any amounts due under this Lease. lfyou
move out earlv or in resn onse to a notice to vncate�you'll6e
liable for rekeying charaes. Upon recelpt of your move-out
date and forwarding address In writing, the security deposit
will be returned (lers lav✓ful deductions) with an itemized
accounting of any deductions, no laterthan 30 days after
surrender or abandonment, unless laws provide otherwise.
Any refund may be by one paymentjointly payable to all
residen[s and distributed to any one resident we choose,
ordistributed equally among all residents.
Insurance. Our insuran ce doesn't cover the loss of or damage to
yourpersonal property. You will be required to have liability insur-
ance as spetified in this Lease unless othenvise prohibited by law. If
you have insurance covering the apartmentoryour personal belong-
i ngs at the time you or we suffer or allege a loss, you agree to requ ire
your insurance carrier to waive any insu rance subrogation rights.
Even if not required, we urge you to obtain your own i nsura nce for
losses due to thek, fire, flood, water, pipe lea ks a nd similar occurrenc-
es. Mostrenter'sinsuroncepoliciesdon'tcoverlossesduetoaflood.
Reletting and Early Lease Termin ation. 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 85a/o ofthe highest
monthly Rent during the Leaseterm) ifyou: (A) fail to move in,
or fail to give written move-out notice as required in Pac 25;
(B) move outwithout paying Rent in full forthe entire Lease
term or renewal period; (C) move out at ourdemand 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 obli9ations under this Lease,
induding liabilityforfuture or past-due Rent, chargesfor
damages or othersums due.
The reletting charge is a liquidated amount covering only
part of our da mages—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, papenvork, advertising,
showing apartments, utilities forshowing, checking pros-
peds, overhead, marketing costs, and locator-service fees.
You agreethat the reletting charge is a reasonable estima[e
of our damages and that the charge is due whether or not our
reletting attempts succeed.
7.2. EarlyLeaseTerminationOptionProcedure.lnaddition[o
your termination rightr referred to in 73 or 8.1 below, if this
provision applies under Lease Details, you may opt to
terminate this Lease prior to the end of the Lease term if all of
the folfowing occur: (aJ as outlined in Lease Details,you give
us written notice of early termination, pay the Early Termina-
tion 0 ption 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 repayall rent concessions, credits or
discounts you received duri ng 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 deploymen t or transfer, famify violence,
certain sexual offenses, stalking oi death ofa sole resident.
Delay of Occupancy. We are not responsible for any delay of your
occupancy caused by construdion, repairs, deaning, or a previous
residenYs holding over.This Lease will remain in force subject to
(1) abatement of Rent on a daily basis during delay, and (2) your right
to terminate this Lease in writing as setforth below. Rent abatement
and Lease termination do not apply if the delay is for cleaning or re-
pairs that don't preventyou from moving into the apartment
8.1. Termination.lfwegivewrittennoticetoyouofadelayin
occupancy when or akerthis Lease begins, you may termi-
nate this Lease withfn 3 days afteryou receive written notice.
Ifwe give you written notice before the date this Lease begins
and the notice states that a construction or other delay is
expected and that the apartment will be ready for you to
occupy on a specific date, you may terminate this Lease within
7 days after receiving written notice.
After proper termination, you a re entitled only to refund of
any deposit(s) and any Rentyou paid.
Apartment Leare Contract 02023, Texas Apartment Asso ' tion Inc.
Blue Moon eSi nature Services Document ID:472430171
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9. Care of Unit and Damages. You must promptly pay or reimburse us
for loss, damage, consequential damages, govemment fines orcharg-
es, or cost of repairs or service in the apartment mmmunity because
of a Lease violation; improper use, negligence, or otherconduc[ by
you, your fnvitees, your oaupants, or your guesu; or, as allowed by
law, any other wuse notdue to our negligence or fault, except for
damages by acts of God to the extent they couldn't be mitigated by
your adion or inaction.
Unless damage orwastewatersfoppage is due to ournegligence,
we're notlinble )or—and you must pay for—repairs and replate-
ments occurring during the Lease term or renewal period, includ-
ing: fAl damage from wastewaterstoppages caused by improper
o6jects in lines exdusivelyserving your apartmenh (e) damage to
doors, windows, orscreenr and (C) damage from windows or doors
lek open.
10. CommunityPolicies.CommuniryPoliciesbecomepartofthis
Lease and must be (ollowed. We may make changes, including addi-
tions, to our written Community Policies, and those changes can be-
come effective immediately if the Community Policies are distributed
and applicable to all units in the apartment community and do not
change the dollar amounts owed underthis Lease.
10.1. PhotoNideoRelease.Yougiveuspermissiontouseany
photograph, likeness, image orvideo taken ofyou while
you are using propertymmmon areas or partidpa[ing in
any event sponsored by us.
10.2. Disclosureoflnformation.Atoursoleoption,wemay,
but are not ohligated to, share and use information related
tothis Leasefor law-enforcement, governmental, or business
purposes. At our request, you authorize any utility providerto
give us information about pending oractual connec[ions or
disconnections of utility service to your apartment.
10.3. Guests.Wemayexcludefromtheapartmentcommunity
any guests or others v+ho, in our solejudgment, have been
violating the law,violating this Lease orour Community
Policies, or disturbing other residents, neighbors, visi[ors,
or owner representatives. We may also exclude from any
outside area or common area anyone who refuses to show
photo identifiation or refuses to identify himself or
herself as a resident, an authorized occupant, or a guest of
a specffic resident in the community.
Anyone not listed in this Lease cannot stay in the
apartmentformorethan 7 daysinoneweek
withoutour prior written consent, and no more than rivice
that many days in any one month.lfthe previous space
isn'tfilled in, 2 days total per weekwill be the limit
10.4. Notice of Convictions and Registration. You must
notify us with in 15 days if you or any of your occupants:
(A) are convicted of any felony, (B) are convicted of any
misdemeanor involving a controlled subsWnce, violence to
a nother person, or destruction of property, or (q register as a
sex offender. �nforming us ofa criminal conviction or
sex-offender registration doesn't waive any rights we may
haveagainstyou.
10.5. Odors, Noise and Construction. You agree that odors
and smells (including those related to cooking),
everyday noises orsounds related to repair, renovation,
improvement, ormnstru�tio� in or around the property
are all a normal part ofa multifamily living environment and
that it is impradical for us to preveM them from penehating
your apartment.
11. Conduct.Youagreetocommunicateandconductyourselfinalaw-
ful, courteous and reasonable manner at all times when interacting
with us, our representatives and other residents or occupantr. Any
actr of unlawful, discourteous or unreasonable communication or
cond uct by you, your occu pants or guests is a breach of this Lease.
You must use customary diligence in maintaining the apartment,
keeping it in a sanitary condition and notdamaging or littering the
common areas. Trash must be d isposed 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. ProhibitedConduct.You,youroccupants,andyourguests
will not engage in certafn prohibited conduct, including the
following activities:
(a) criminalconduct;manufacturing,delivering,or
possessing a controlled substance ordrug parapher-
nalia; engaging in or threatening violence; possessing
a weapon prohibited by state law, discharging a firearm
in the apartment community; or, exceptwhen
allowed by law, displayfng 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 ordangerous manner;
(c) disturbingorthreateningtherights,comfort,health,safety,
or convenience of others, induding us, our agents, or our
representatives,
(d) disrupting our business operations;
(e) storinganythinginclosetscontainingwaterheatersor
gas appliances;
(fl tampering with utilities ortelecommunication
equipment;
(g) bringing hazardous materials into the apartment
community;
(h) usingwindowsforentryorexit;
(i) heatingtheapartmentwithgas-operatedappliances;
(j) makingbad-faithorfalseallega[ionsagainstusorour
agents to others;
(k) smokingofanykind,thatisnotinaccordancewiththis
Lease;
(p usingglasscon[ainersinornearpools;or
(m) conducting any kind of business (induding child-care
services) in your apartment or in the apartment
community—e�ccept for any lawful business
conducted "at home" by computer, mail, or telephone if
customers, clients, patientr, employees orother
business associates do not co me to your apartment
far business purposes.
12. Animals.Nolivingcreat�resofanykinda�eallowed,eventempo-
rarily, anywhere in the apartment or opartment community un-
less we've given written permission. If we allow a n animal, you must
sign a separate Animal Addendum and, except as setforth inthe ad-
dendum, pay an animal deposit and applicable fees and additional
monthly rent, as applicable. An animal deposit is considered a gener-
al security deposit. You rep resent that any requests, statements a nd
representations you ma ke, intluding those for an assistance or sup-
port animal, are true, acc�rate and made in good faith. Feeding stray,
feral orwild animals is a 6reach ofthis Lease.
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. 74. We may: keep or kennel the animal;
turn the animal overto a humane society, local authority
or rescu e organization; or return the animal to you if
we consentto your requestto keepthe animal and you
have completed and signed an Animal Addendum and
paid all fees. When keeping or kenneling an animal,we
won't be liable for loss, harm, sickness, or death of the
animal unless due to our negligence.You must pay for
the animal's reasonable care and kenneling charges.
Violations ofAnimal Policies and Charges. Ifyou or
any g uest or occupant violates the animal restrittions of
this Lease or our Community Policies, you'll be subject to
charges, damages, eviction, and other remedies
provided in this Lease, including animal violation charges
listed in Lease Details from the date the animal was
brought into your apartment until it is removed. If an
animal has been in the apartment at any time during
your term of occupanty (wfth o r without our consent),
we'll charge you for all cleaning and repaircostr,
including deFleaing, deodorizing, and shampooing.lnitial
and daily animal-violation charges and animal-removal
charges are liquidated damages for ourtime,
inconvenience, and overhead in enforcing animal
restrictions and Community Policies.
12.1.
12.2.
13. Parking. You may not be guaranteed parking. We may regulatethe
time, manner, and place of parking ofall motorized vehicles and
other modes oftransportation, induding bicydes and scooters, in
this Lease. In addition to other rightr we have to tow or boot vehicles
under state law, we also have th e right to remove, at the expense of
the vehicle owneror operator, anyvehicle that is not in compliance
with this Lease.
14. WhenWeMayEnter.lfyouoranyotherresident,guestoroccupant
is present, Ihen repair or service persons, contradors, law officers,
govemment representatives, lenders, appraisers, prospedive resi-
dents or buyers, insurance agents, persons authorized to enter under
your rental application, orour representatives may peacefully enter
the apartment at reasonable times for reasonable business purposes.
If nobody is in the apartment, then any such person may enter peate-
fully and at reasonable times (by breaking a windowor other means
when necessary) for reasonable business purposes iFwritten notice of
the entry is left in a conspicuousplace in the apartment immediately
afterthe entry. We are under no obligation to enter onlywhen you
are present, and we may, bu[ are notobligated to, give prior notice or
make appointments.
Apartmen[ Lease Contac[ 92023,Texas Apartment A
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Page 3 of 6
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15. Requesu, Repairs and Malfunctions.
15.1. Written Requests Required.lfyouoranyoccupantneeds
to send a req uest—for example, forre pairs, installations,
services, otvnership disdosure, orsecurity-related matters—
itmastbe written anGdelivered to ourdesignated
representative in accordance with this Lease (extept for
fair-housing accommodation or modification requests or
situatlons involving imminent danger orthreats to health or
safety, such as fire, smoke, gas, explosion, or crime in
progress).Ourwritten no[es regardingyouroral requestdo
not constitute a written request from you. Our complying
with or responding to any oral request doesn't waive the strict
requirement for written notices under this Lease. A request
for maintenance or repair by anyone residing in your
apartment constitutes a requertfrom all residents. ihe time,
manner, method and means of performing maintenance
and repai�s, induding whether or which vendors to use,
are within ourso/e discretion.
15.2. YourRequirementtoNotify.Youmustpromptlynotifyusin
writing of air conditioning or heating problems, water leaks or
moisture, mold, eledrical problems, malfunctioning lights,
broken or missing locks or latches, or any other cond ition that
poses a hazard o r threat to property, health, or safety. Unless
we instrud otherwise, you are requfred to keep the
apartment moled or heated according to this Lease. Air
conditioning problems are normally not emergencies.
153. Utilities. We may change or install utility lines or
equipment serving the apa rtment if the work is done
reasonably without su bstantially increasing your
utility costr. We may turn off equipment and interrupt
utilities as needed to perform work or to avoid
property damage or other emergencies. If utilities
ma Ifunction or are damaged by fire, water, or similar
cause, you must notify our representative im mediately.
75.4. YourRemedies.We'llactwithcustomarydiligenceto
make repairs and reconnections within a reasonable
time,taking into consideration when casualty-insurance
proceeds are received. Unless required bystatute after
a casualty loss, or during equipment repair, your Rent
will not abate in whole or in part. "Reasonable time"
accounts for the severityand nature ofthe problem and
the reasonable availability of materials, labor, and
utili[ies. If we fail to timeJyrepalra condition that
materiallyaffects the physical health orsafetyofan
ordinaryresidentasrequiied 6ytheTexasPiopertyCode,
you mAy 6e entitled to exeicise iemedies under 5 92.056
and492.0561 oftheTexasP�opertyCode.lfyoufollow
the procedures under thote settions, the following
�emedies, among others, may be availa6le to you:
(1J teimination of this Lease and an appropriate refund
under 91.056(�; (2) have the condition repaired or
remedied occording to � 92.0561; (3) deductfiom theRent
thecost o(therepairorremedyaccording to 491.0561;
and 4J j�dicia! remedies according to § 9�.0563.
16. Our Rightto Terminate forApartmentCommunity Damage or
Closure. If, in our solejudgment,damages to the unit or building are
significant or performance of needed repairs poses a danger to you,
we may terminate this Lease and yourright to possession by giving
you at least 7 days' written no[iceJf termination oaurs, you agree
we11 refund only prorated rent and all deposits, minus lawful dedur
tions. We may remove and dispose of your personal p roperty if, in
our solejudgment, it causes a health or safety hazard or impedes our
abilityto make repairs.
Texas Property Code secs. 92.75i, 92.153, and 92.154 require, with
some exceptions, that we pravide at no cost fo you when occupanry
6egins: (AJ a window latch on each window,• (8) a doorviewer (peep-
hole o� window) an each exterior dooG (Q a pin lock on each sliding
daor, (D) eithera Aoor-handlelatch orasecurlty 6ar on each sliding
door,• (EJ a keyless 6o/ting device (deadbolt) on each exterior door,
and (F) either a keyed doorkno6lock or n keyed deadbolt lock on
one entry door. Keyed locks will be rekeyed affer the priorresident
moves out. The rekeying will6e done either before you move in or
within7days afteryoumovein, as required bylaw.lfwe fail to in-
stall orrekeyseturity devices asrequired 6y law, you have the right
to do so ond deduct the reasonnble cost from yournext Rent pay-
mentunderTexasPropertyCodesec.9Z.165(1). Wemaydeactivate
ornot install keyless 6olting devices on your doors if (A) you or an
occupant in the dwelling is over35 or disa6led, ond (8) the require-
ments ofTexas Property fode sec. 92.753(e) or (fJ a�e satisfied.
18.1. Smoke Alarms and Detection Devices, We'll furnfsh
smoke alarms or other detection devices required by law
or city ordinance. We may Install additional detectors
not so requ ired. 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 ofalerting a person with a
hearing impairment
You must payfor 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 g uests or occupants may
disable alarms or detectors.lfyou damage or disable the
smoke alarm o� remove a battery without �eplacing it
with a working baftery, you may be 1ia61e to us under
TexasPropertyCodesec.91.2611 for$100plusone
month'sRent actualdamages,andattorney'sf¢es.
18.2. Dutyto Report. You must immediately report to us any
missing, malfunctioning or defedive security devices,
smoke alarms or detectors. You'll be liable if you tail to
report malfunctions, or fail to report any loss, damage, or
fines resulting from fire, smoke, orwater.
19. ResidentSafetyandLoss.Un/essothenviserequiredby/aw,none
ofus, our employees, agentr, ormanagement companies are 1ia61e
to you, yourguestr oroctupantsforanydamage,personalinjury,
loss to personal property, orloss of business orpersonalincome,
(rom ony cause, induding 6utno tlimited to: negligent orintention-
alacts ofresidenu, occupants, orguesu; thek, 6urglary, assauft,
vandnlism or othe�crimes fire, flood, wa[erleaks, rain, hail, ice,
snow, smoke, lightning, wind, explosions, intenuption of utilities,
pipe leaks or otheroccunences unless such damage, injuryorloss is
causedexdusively by ournegligence.
We do not wanant security of any kind. You ag ree 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 acknowledgethat we are not equipped or trained to provide
personal security services to you, your guestr or occupantr. You rer
ognize that we are not requi red to provide a ny 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 devlces that tan malfunc-
tion.Any charges resulting from [he use ofan intrusion alarm will be
charged to you, including, but not limited to, any false alarms with
police/fire/ambulance response or other required city charges.
20. ConditionofthePremisesandAlterations.
16.1. PropertyClosure.Wealsohavetherighttoterminate 20,1, As-Is.Wedisclaimallimpliedwananties.Youacceptthe
this Lease and your right to possession by giving you at apartment, fixtures, and furniture as is, except for
least 30 days' written notice oftermination ifwe are conditions materially affecting the health orsafetyof
demolishing your apartment or closing it and itwill no ordinary persons. You'll be given an Inventory and
longer be used for residential purposes for at least 6 Condition Form at or before move-in. You agree that
months,orifanypartofthepropertybecomessubJectto aftercompletionoftheformorvrithin48hoursaker
an eminent domain proceeding. move-in, whichevercomes first, you must note on the
17. AssignmentsandSubletting.YoumaynotassignthisLeaseorsub- formalldefectsordamage,signtheform,returnitto
Ietyourapartment.Youagreethatyouwon'trent,offertorentor us,andtheformaccuratelyreFlectsthecondidonofthe
licensealloranypartofyourapartmenttoanyoneelseunlessother- premisesforpurposesofdetermininganyrefunddueto
wise agreed to in advance by us in writing.You agreethatyou won't you whenyou move out.Otherwise, everything will be
accept anything ofvalue from anyone else forthe use of any part of considered to be in a dean, safe, and good working
yourapartment.Youagreenottolistanypartofyourapartmenton �ondition.Youmuststillsendaseparaterequestforany
an lod in orshort-termrentalwebsiteorwithan repairsneededasprovidedbyPar.15.1.
Y 9� 9 y person or ser-
vice that advertises dwellings for rent 20.2. Standards and Improvements. Unless authorized by
18. Securityand5afetyDevices.We'lloayformissingsecurityde- laworbyusinwriting,youmustnotperformanyrepairs,
vicesthatarerequiredbylaw.You'llpayfor:(Alrekeyinqthat painting,wallpapering,carpeting,electricalchanges,or
youreauest(unlesswefailedtorekeyaftertheoreviousresi- othenviSealterourproperty.Noholesorsti[kersare
dentmovedoutl;and(Blreaairsorreplacementsbecauseof allowedinsideoroutridetheapartment.UnlessthisLease
misuseordamagebyyouoryourfamily,youroccupants oryour statesotherwise,we'llpermitareasonablenumberofsmall
ug ests'You must pay immediately aherthe work is done unless state nail holes for hanging pictures on sheetrockwalls and in
Iawauthorizesadvancepayment.Youmustalsopayinadvancefor groovesofwood-paneledwalls.Nowaterfurniture,washing
any additional or changed security devices you request. machines, dryers, extra phone or television outlets, alarm
rystems, cameros, hvo-way talk device, video or other door-
Apanment Lease Con[ract R�2023, Texas Apa rtmen[ A Page 4 0(6
Blue Moon e5i nature Services Document ID: 472430171
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i
bells, or lock changes, additions, or rekeying is permitted
unless required by law orwe've consented in writing.You may
install a satellite dish orantenna, butonly if you sign our
satellite dish or antenna lease addendum, which complies
with reasonable restrictions allowed byfederol law. You must
not alter, damage, or remove our property, including alarm
systems, detection devices, appliances, furniture, telephone
and televislon wiring, screens, locks, or security devices. When
you move in, we'll supply light bulbs for fixtures we fu mish, in-
duding exterior fixtures operated from inside the apartmenh,
after that, you'll replace them at your expense
with bulbs of the same type and wattage. Your im provemen[s
to the apartmen[ (made with or without our consent) become
ours unless we agree otherwise in writing.
21. Notices.Writtennoticetoorfromouremployees,agents,or
management companies constitutes noticeto orfrom us. Notices to
you or any other resident of the apartment constitute notice to all
residentr. Notices and requests from any residen[ constitute notice
from all residents. Only residents can give notice of Lease termination
and intentto move out under Par.7.3. All notices and documen[s will
be in Engllsh and, at our option, i n any other language that you read
or speak.
27.7. ElectronicNotice.Noticemaybegivenelectronically6y
us to you if allowed by law. If allowed by law a nd in
accordance with this Lease, electron ic notice from you to us
must be sent to the email address and/orportal 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 thatyou will notify us in the eventyour
email address changes.
' � • ' 24.
22. Liability.EachresidentisjolntlyandseverallyliableforallLease
obligations. If you or any guest or occupant violates this Lease or our
Community Policies, all residents are considered to have violated this
Lease.
22.1. Indemnfiotion byYou.You7ldefend,indemnifyandhold us
and ouremployees, agents, and management company
harmless hom alf IiaGility arising from yourconduct or
requests to ourrepresentatives and (rom the conductofor
requests by yourinviteu, occupants orguests.
23. DefaultbyResident.
23.1. Acts of Default. You'll be in default if: (A) you don't
timelypay Rent, induding monthty recurring charges, or
other amounts you owe; (B) you or any guest or
occupant violates this Lease, our Community Policies,
orfire, safety, health, criminal or other laws, regardless of
wh ether or where arrest or conviction occurs; (C� you
give incorrect, incomplete,orfalseanstvers in a rental
application or in this Lease; or (D) you or any occupant is
charged, detained, convided, or given deferred
adjudication or pretrial diversion for (1) an offense
involving actual or potential physical harm to a person, or
involving the manufac[ure or delivery of a controlled
substance, marijuana, ordrug paraphernalia as defined
in the Texas Controlled Substances Act, or (2) any sex-
related crime, including a misdemeanor.
23.2. Eviction.lfyoudefault,includingholdingover,wemay
end your right of occupancy bygiving you nt /east a 24-
hourwritten notice to vacote. TerminaHon ofyour possession
rights doesn't release you from liability for future Rent or
other Lease obliga[ions.Aftergiving notice to vacate or
filinganevicfionsuit wemaystillacceptRentorother
sums due; the filing or acceptance doesn't waive or
diminish ourrightofeviction oranyothercontractualor
sfatutoryright. Accepting money at any time doesn't waive
our right to damages, to past or future Rent or other sums,
orto ourcontinuing with eviction proceedings.ln an eviction,
Rent is owed for the full rental period and will not be
prorated.
233. Acceleration.UnlessweelectnottoaccelerateRent,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 ourwritten 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 renewa I
period ends; and (B) you haven't paid all Rentforthe
entire Lease term orrenewal period. Remaining Rentwill
also be accelerated if you'rejudicially evicted or move
out when we demand because you've defa ulted.
If you don't pay the first month's Rent when or before this Lease
begins, all future Rent for the Lease term will be automatically
accelerated without notice and 6ecome immediately due. We
also may end your right of occupancy and recover damages,
hrlure Rent, attomeys fees, court wsts, and other law(ul charges.
23.4. Holdover. You and all occupants mustvacate and surrender
the apartmen[ by or before the date conYained in: (1) your
move-out notice (2) ournotice to vacate, (3) our notice of
non-renev✓al, or (4) a written agreementspecifying a different
move-out date. If a holdover occurs, then you'll be liable to us
for all Rent for the full term of the previously slgned lease of a
new resident who can't occu py because of the holdover, and
at our option, we may extend the Lease term and/or increase
the Rent by 25"/o by delivering written notice to you or your
apartmentwhile you continue to hold over.
23,5. Other Remedies. We may report unpaid amounts to
credit agencies as al lowed by law. If we or our debt
collector tries to col lect any money yo u owe us, you
agree that we or the debt collector may contact you by
any lega I 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 toyouraaount
We may recover attomey's fees in connection with enforcing
our rights underthis Lease. All unpaid amounts you owe bear
interes[ at the rate provided byTexas Finance Code Section
304.003(c) from the due date.You mus[ pay all collection-
agencyfees ifyou fail to paysums duewithin 10 days after
you are mailed a letter demanding payment and stating that
colleRion-agency fees will be added if you don't pay all sums
by that deadline. You are also liab le for a charge (not to
exceed $150) to cover our time, cost and expense for any
eviction proceeding againstyou, plus our attorney�s fees and
expenses, court costs, and filing fees actually paid.
Representatives' Authority and Waivers. Our representatives (in-
cl�ding management personne/, employees, and agentsJ have no
nuthority to waive, amend, or te�minate this Lease or any part of it
unless in writing and signed, and no authority to make promises, rep-
resentations, oragreements thatimposesecwityduties orotherob-
ligations on us orourrepresentatives, unless in v�riting andsigned.
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.0ur
choice to enforce, not enforce ordelay en(orcement of vnitten-no-
H[e iequirementr, rental due dates, acceleration, liens, or any ofher
rights isn't a waiver under anycircumstances. Delay in demanding
sums you owe is not a waivec 6ccept when notice or demand is required
by law, you waive any notice and demand for performance from us ifyou
default Nothing in this Lease conslitutes a waiver of our remedies for a
breach underyour prior lease that occurred before the Lease term begins.
Your Lease is subordinate to existing and future recorded mortgages, un-
less the owners lender chooses othenvise.
All remedies are cumulative. Exercising one remedywon't constitute
an election orwaiver of other remedies. All provisions regarding our
nonliability or nonduty apply to ouremployees, 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 byvirtue of acting on our behalf.
� a
25. Move-OutNotice.8eforemovingout,youmustgiveourrepresen-
tative advance written move-autnotice asstatedin Par.4, even if
this Lease has 6ecome a mon th-to-month lease. The move-out date
can't be changed unless weand you both agree in writlng.
Yourmove-out notice must comply with each of the following:
(a) Unlesswerequiremorethan30days'notice,ifyougive
notice on the first day ofthe month you intend to move
out, move outwill be on the lart day ofthat month.
(b) Your move-out notice must not terminate this Lease
before the end of the Lease term or re newal period.
(c) Ifwerequireyoutogiveusmorethan30days'written
notice to move out before the end ofthe Lease term, we
will give you 1 written reminder not less than 5 days nor
more than 90 days beforeyourdeadline 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-OutProcedures.
26.1. Cleaning.Youmustthoroughlycleantheapartment,including
doors, windows, fum iture, bathrooms, kitchen appliances,
patios, balconies, garages, carports, and storage rooms. You
must follow move-out cleaning instructions ifthey have been
provided.lfyou don't clean adequately, you'll be liable for
reasonable cleaning charges-including charges for cleaning
carpetr, draperies, furniture, walls, etc. that are soiled beyond
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normal wear (that is, wear or soiling that occurs without
negligence, carelessness, accident, or abuse).
26.2. Move-Outlnspection.Wemay,butarenotobligatedto,
provide a joint move-out inspection. Our representatives
have no authority to bind or limlt us regarding deductions for
repairs, damages, or charges. Any statementr or estimates by
us or our representative are subject to our correction, modi-
fication, or disapproval before final accounting or refunding.
27. Surrender and Abandonment. You have sunendered 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 ofthe following have
occurTed: (A) everyone appears to have moved out in our reasonable
judgment (B) you've been in default for nonpayment of Rent for 5
consecutive days, or water, gas, or electric service for the a partment
notconnected in our name has been terminated ortransferred; and
(C) you've not responded for 2 days to our notice left on the inside of
the m ain entry door stating Ihat we consider the apartment aban-
doned. An apartment is also considered abandoned 10 days after the
death of a sole resident.
27.1. TheEndingofYourRights.5urrender,abandonment,or
judicial eviction ends your right of possession for all pu rposes
and gives usthe immediate rightto clean up, make repairs in,
and relet the apartment; determine any secur'Ry-deposit
deductions; and remove or store property left in the apartment.
27.2. Removaland5torageofProperty.We,orlawofficers,may—
but have no duty to—remove or s[ore all property that in our
solejudgment belongs to you and remains in the apartment
or in common areas (including any vehicles you orany
occupant or guest owns or uses) aker you're judicially evicted
orifyousurrenderorabandontheapartment.
We're no t liable forcasaalty, loss, damage, or fheh. You
must pay reasonable charges for our packing, removing and
storing any property.
Except for animals, vae may throw away or give to a charitable
organization aIl personal property that is:
(1) leftintheapartmentaftersurrenderorabandonment;or
(2) lek outside more than 1 hour after writ of possession is
executed, followingjudicial eviction.
An anima I removed after surrender, abandonment, or eviction
may be kenneled or turned overto a local authority, humane
society, or rescue organizatlon.
•. � r
28. TAAMembership.We,themanagementcompanyrepresentingus,
or any locator service that you used confirms membership in good
standing of both theTexas ApartmentAssociation and the affiliated
local apartmentassociationfortheareawheretheapartmentis
located at the time of signing this Lease. If not, the following applies;
(A) this Lease is voidable atyour 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
ofthe following occur; (1) this Lease is automatically renewed on a
month-to-month basis more than once after membership inTAA and
the local association has lapsed; an d(2) neither the owner nor the man-
agement company is a member of TAA and the local association during
the third automatic renewal. A signed affidavit from the affiliated local
apartment assodation attesting to nonmembership when this Lease
or ren ewal was signed will be conclusive evidence of nonmembership.
6ovemmental entities may useTAA forms ifTAA agrees in writing.
Name, address and telephone numberof locatorservice (ifapplicable):
29. Severabilityand Survivability.lfany provision ofthis Lease is inval-
id or unenforceable underapplicable law, it�von't invalidate the re-
mainderofthis Lease or change the intent ofthe parties. Paragraphs
10.7,10.2,16, 22.7, 27, 30 and 31 shall survive the termination of
this Lease. This Lease binds subsequent owners.
30. Controlling Law. Texas law governs this Lease. AII litigation arising
under this Lease and all Lease obligations must be brought in the
counry, and prednd ifapplitable,where the apartment is located.
31. Waivers. BysigningthisLease,youagreetothefollowing:
31.1. ClassActionWaiver.Youagreethatyouwillnotparticipate
in any class action claims against us orouremployees, agents,
or management company: You mustfile any claim against us
individually, and you expressly waive youiright to 6ring,
�epresen t, join or otherwise maintain a class actian,
rollective action or similar proceeding agninst us in
anyforum.
YOD UNDERSTANDTHAT,WITNOUTTHIS WANER,YOU
COULD BE A PARTY IN A CLASS ACTION LAWSUIT. BY
SIGNING THIS LEASE. YOU AC�EPTTHIS WAIVER AND
LHOOSETO HAVE ANY tLAIMS DECIDED INDIVIDUALLY.
THE PROVISIONS OF THIS PARAGRAPH SHALL SURVNE
THE TERMINATION OR EXPIRATION OFTHIS LEASE.
31.2. ForceMajeure.lfwearepreventedfromcompletingsubstan-
tial performance of any obligation underthis Lease by
ocwrrences that are beyond our control, induding but
not limited to, an act ofGod, strikes, epidemi�s,war, acts of
terrorism, riots, flood, fire, hurricane, tomado, 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
any addenda or Community Policies provided to you, are part of this
Lease and supersede any conFliding provisions in this Lease.
Notwithstandinq anvthinc7 to the
contrary in this lease agree�nent
regarding Money Orders, the on1V MoneV
Orders that will be allowed and
accepted by landlord are electronic
eMoney Orders. No cash or temporary
checks accepted. No checks accepted
aftex the third o£ the month. After two
NSF's, all paVments must be bV
certified funds. A11 Communitv Policies
and Addendums apply to the lease. Month
to Month leases are not of£ered.
Failure to renew and re-certify prior
to the end of your lease term will
result in termination o£ residencv.
Beforesubmitting a rental application orsigning this Lease, you
should review the documents and may consultan attomey. You are
bound bythis Lease when it is signed. An electronic signature is
binding.This Lease, including all addenda, is the entireagreement
behveen you and us.You agree thatyou are NOT relying on any
orel representations.
ResidentorResidents (allsign beloiv)
(Name of Resident)
(Name of Resident)
(Name of Resident)
(Name of Resident)
(Name of Resident)
Datesigned
Date signed
Date signed
Date signed
Date signed
Owneror Owner'sRepresentative (signing on behalf of owner)
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Blue Moon e5i nature Services Document ID: 472430171
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Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA
Create New From This M&C
DATE:6/25/2024 REFERENCE NO.:M&C 24-0552 LOG NAME:192024-2025
ACTION PLAN
CODE:C TYPE:NON-CONSENT PUBLIC
HEARING:YES
SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2024-2025 Annual
Action Plan for the Use of Federal Grant Funds in the Amount of $13,036,747.00 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 2024-2025 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 $13,036,747.00 from the Community
Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant,
and Housing Opportunities for Persons with AIDS grant programs;
2. Approve the City's 2024-2025 Annual Action Plan for submission to the United States Department
of Housing and Urban Development, including allocations of grant funds to particular programs
and activities as detailed below;
3. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' Community Development Block Grant funds
for the City's Priority Repair Program;
4. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' HOME Investment Partnerships Program grant
funds for the City's Homebuyer Assistance Program, and authorize the use of 10 percent of the
program income for administrative costs;
5. Authorize the City Manager or his designee to execute contracts for one-year terms with the
agencies listed in Tables 1, 2, and 3 below for Program Year 2024-2025 for Community
Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons
with AIDS grant funds, contingent upon receipt of funding, and satisfactory completion of all
federal regulatory requirements;
6. Authorize the City Manager or his 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;
7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Operating Federal Fund in the total amount of $13,136,747.00 consisting of
$7,006,875.00 in Community Development Block Grant funds, $2,763,144.00 in HOME
Investment Partnerships Program funds, $614,768.00 in Emergency Solutions Grant funds, and
$2,651,960.00 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
8. Authorize a waiver of the Neighborhood Services Department indirect cost of 28.10\%, estimated
total of $341,260.45.
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DISCUSSION:
The City's 2024-2025 Annual Action Plan summarizes the major housing and community development
activities and proposed expenditures for the program year beginning October 1, 2024 and ending
September 30, 2025 for use of federal grant funds totaling $13,036,747.00 from the United States
Department of Housing and Urban Development (HUD) from the Community Development Block Grant
(CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG), and
Housing Opportunities for Persons with AIDS (HOPWA) grant programs. It also summarizes the use of
program income resulting from activities using prior years' CDBG and HOME funds, the primary purpose
of which is to benefit low-and moderate-income persons in Fort Worth. ESG funds primarily benefit
persons experiencing homelessness, and HOPWA funds primarily benefit low-and moderate-income
persons with HIV/AIDS.
A Request for Proposals from social service agencies and nonprofit organizations seeking grant funding
was published on February 1, 2024. All proposals were received on March 15, 2024. 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 10, 2024, 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 8, 2024.
A 30-day public comment period was held from May 15, 2024 to June 14, 2024. Notice of this public
comment period was published in La Vida News on May 9, 2024; in the Fort Worth Star-Telegram on May
13, 2024; in Wise County Messenger on May 16, 2024; and in the Cleburne Times Review and the
Weatherford Democrat on May 18, 2024.
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 May 29, 2024, and the second public hearing is
scheduled for the City Council on June 25, 2024.
A summary of staff's final funding recommendations is provided below in Tables 1,2, and 3. A PowerPoint
presentation listing funding recommendations is also attached. The 2024-2025 Annual Action Plan will be
submitted to HUD by August 15, 2024.
Indirect costs totaling approximately $341,260.45 could be charged to the CDBG grant, 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. This amount is calculated based on the
estimated salary expenses and other administrative costs for the CDBG program totaling $1,214,450.00.
This amount multiplied by the indirect cost rate of 28.10\% equals $341,260.45.
COMMUNITY DEVELOPMENT BLOCK GRANT
For Program Year 2024-2025, it is recommended that the amount of $7,006,875.00 in CDBG funds and
an estimated amount of $50,000.00 in CDBG program income totaling $7,056,875.00 be allocated as
follows:
Public Service Agencies - $1,051,031.00: Includes social services for low- and moderate-income
persons, persons with disabilities, and disadvantaged persons
Housing Programs - $2,930,000.00: Includes funding for the City's Priority Repair Program, Cowtown
Brush-Up, and accessibility modifications for seniors and persons with disabilities
Major Projects - $644,469.00: Includes funding for multifamily rental rehabilitation
Program Delivery - $980,000.00: Includes program delivery costs for housing programs
Administration - $1,401,375.00: Includes costs for administering the CDBG grant, including allocations
for the Financial Management Services Department
Estimated Program Income - $50,000.00: Includes up to $50,000.00 in funding for the City's Priority
Repair Program. Any CDBG program income over the estimated amount not used for the Priority Repair
Program will be allocated to priority activities in the City's Consolidated Plan, subject to the City Council
approval.
HOME INVESTMENT PARTNERSHIPS PROGRAM
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For Program Year 2024-2025, it is recommended that the amount of $2,763,144.00 in HOME funds and
an estimated amount of $50,000.00 in HOME program income totaling $2,813,144.00 be allocated as
follows:
Homebuyer Assistance Program - $72,358.00: Includes funding for down payment and closing cost
assistance for low- and moderate-income homebuyers
Community Housing Development Organizations (CHDOs) for affordable housing projects -
$414,471.60: These funds will be used by Housing Channel for an affordable housing development in
southeast Fort Worth called Mason Heights. Funds will be used for the acquisition of land and new
construction of 248 residential units comprised of the following: 125 Single Family attached
townhomes, 106 Single Family detached homes, and 17 cottages. An estimated 104 units
(approximately 42\%) will be sold to low to moderate income households at or below 80\% Area
Median Income (AMI). This funding is part of a multi-year commitment to Housing Channel for a total
of five years.
Major Projects - $2,000,000.00: Includes $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 $1,000,000.00 allocated to the multifamily housing project, Columbia Renaissance -
Phase III
Administration - $276,314.40: 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 2024-2025, it is recommended that the amount of $2,651,960.00 in HOPWA funds be
allocated as follows:
Public Service Agencies - $1,626,781.00
Neighborhood Services Department - $945,620.00
Administration - $79,559.00
EMERGENCY SOLUTIONS GRANT
For Program Year 2024-2025, it is recommended that the amount of $614,768.00 in ESG funds to be
allocated as follows:
Public Service Agencies - $568,660.00
Administration - $46,108.00
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
AGENCY CONSOLIDATED PLAN
GOAL PROGRAM AMOUNT
Housing Channel Affordable Housing
Housing Counseling &
Education $111,000.00
Meals-On-Wheels, Inc. of
Tarrant County Aging In Place Nutrition Program $75,000.00
Sixty and Better, Inc. Aging In Place
Increasing Access to
Basic Needs for Senior
Adults
$50,000.00
AB Christian Learning Center Children and Youth
Services
Out of School Time
Program $90,000.00
$80,000.00
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Boys & Girls Clubs of Greater
Tarrant County, Inc.
Children and Youth
Services
Youth Development at
Eastside Branch
Camp Fire First Texas Children and Youth
Services Teens In Action $78,300.00
Girls Incorporated of Tarrant
County
Children and Youth
Services
Girls Inc. of Tarrant
County $100,000.00
Junior Achievement of the
Chisholm Trail, Inc.
Children and Youth
Services
Cradle to Career
Initiative $50,000.00
United Community Centers,
Inc.
Children and Youth
Services
Holistic Educational
Literacy Program $90,000.00
Easter Seals North Texas, Inc.Economic Empowerment
and Financial Resilience Employment Services $60,000.00
Taste Project Economic Empowerment
and Financial Resilience
Culinary Workforce
Development Program $25,000.00
The Ladder Alliance Economic Empowerment
and Financial Resilience
Tarrant County
Workforce
Development
$81,731.00
The Women's Center of Tarrant
County, Inc.
Economic Empowerment
and Financial Resilience Employment Solutions $60,000.00
Your Harvest House, Inc.Economic Empowerment
and Financial Resilience Client Aid Services $25,000.00
Cancer Care Services Healthy Living and
Wellness
Increasing Health
Equity by Decreasing
Health Disparities
$50,000.00
Tarrant Area Food Bank Healthy Living and
Wellness Home Delivery $25,000.00
CDBG Public Services Agencies Total $1,051,031.00
Rehabilitation, Education and
Advocacy for Citizens with
Handicaps dba REACH, Inc.
Accessibility
Improvements Project Ramp $165,000.00
Fort Worth Area Habitat for
Humanity, Inc. DBA Trinity
Habitat for Humanity
Housing Preservation
and Rehabilitation Cowtown Brush Up $455,000.00
CDBG Subrecipient Agencies Total $620,000.00
TOTAL CDBG CONTRACTS $1,671,031.00
Housing Opportunities for Persons with AIDS Contracts
TABLE 2: HOPWA AGENCIES
AGENCY CONSOLIDATED PLAN
GOAL PROGRAM AMOUNT
AIDS Outreach
Center, Inc.
Homelessness Prevention
and Special Needs
Support
The Housing Assistance
Program
- Administration, Tenant-
Based Rental Assistance
(TBRA), Short-Term
Rent, Mortgage, and
Utility Assistance
$326,781.00
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(STRMU), Supportive
Services
Tarrant County
Samaritan Housing,
Inc.
Homelessness Prevention
and Special Needs
Support
HOPWA Program -
Administration, Tenant-
Based Rental Assistance
(TBRA), Short-Term
Rent, Mortgage, and
Utility Assistance
(STRMU), Supportive
Services, Facility-Based
Operations (FBO)
$1,300,000.00
TOTAL HOPWA CONTRACTS $1,626,781.00
Emergency Solutions Grants Contracts
TABLE 3: ESG AGENCIES
AGENCY CONSOLIDATED PLAN
GOAL PROGAM AMOUNT
The Presbyterian Night
Shelter of Tarrant County,
Inc.
Homelessness Prevention and
Special Needs Support
Shelter
Operations/Services $127,345.00
Lighthouse for the
Homeless dba True Worth
Place
Homelessness Prevention and
Special Needs Support
Day Shelter
Operations/Services $138,851.00
SafeHaven of Tarrant
County
Homelessness Prevention and
Special Needs Support
Shelter
Operations/Services $75,000.00
Center for Transforming
Lives
Homelessness Prevention and
Special Needs Support Rapid Re-Housing $75,901.00
The Salvation Army Homelessness Prevention and
Special Needs Support
Homelessness
Prevention $151,563.00
TOTAL ESG CONTRACTS $568,660.00
All figures have been rounded to the nearest dollar for presentation purposes.
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 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.
These programs are available in ALL COUNCIL DISTRICTS.
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Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
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. These are reimbursement grants.
TO
FROM
Submitted for City Manager's Office by:Fernando Costa (6122)
Originating Department Head:Kacey Bess (8187)
Additional Information Contact:Sharon Burkley (5785)
Rhonda Hinz (2573)
ATTACHMENTS
19NS ACTION PLAN 2024_Agency Form 1295 Forms.pdf (CFW Internal)
2024-2025 Action Plan_Secretary of State Filings.pdf (CFW Internal)
Action Plan Budget-Staff Recommendations_052924.pptx (CFW Internal)
IR_2024-2025 ACTION PLAN.docx (CFW Internal)
ORD.APP192024-2025 ACTION PLANFY24_AO(r7).docx (Public)
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