HomeMy WebLinkAboutContract 63850CSC No. 63850
RENTAL ASSISTANCE LANDLORD AGREEMENT BETWEEN
THE CITY OF FORT WO TH AND WMCi DALLAS XL LLC
dba BEXLEY AT LEFT BANK
This RENTAL ASSISTANCE LANDLORD AGREEMENT ("Agreement") is made and
entered into between the CITY OF FORT WO TH ("City"), and WMCi DALLAS XL LLC
dba BEXLEY AT LEFT BANK ("Landlord"), each individually referred to as a "party" and
collectively referred to as the "parties."
WHEREAS, the City provides rental assistance in the form of monetary payment for a
defined portion of rent due paid directly to the landlord or management company of the property
so long as the landlord or property management agree to certain terms; and
WHEREAS, in the event the City determines the Tenant named below is eligible for a
utility reimbursement payable to their landlord under the Utility Allowance Schedule established
by either the Tarrant County Housing Assistance Office or Fort Worth Housing Solutions, City
will also provide assistance in the form of monetary payment for a defined portion of utilities to
the landlord or management company of the property; and
WHEREAS, ("Tenant") is a participant in the City's
rental assistance program; and
WHEREAS, the City requires that landlords must enter into this Agreement in order to
receive the City's payment of the defined portion of Tenant's rent; and
WHEREAS, Agreement Documents shall consist of this Landlord Services Agreement
and Exhibit A — Copy of Tenant Lease, attached hereto and incorporated herein. In the event of
any conflict between the terms and conditions of Exhibit A and the terms and conditions set forth
in the body of this Agreement, the terms and conditions of this Agreement shall control. It is
understood that City is not bound by any portion of Exhibit A and is only bound by the duties and
obligation set forth in this Landlord Services Agreement.
NOW THEREFORE, the Parties in exchange for the benefit received from the other
Party's performance, agree to the following terms and conditions:
1. PROPERTY INFORMATION
Tenant has entered into an agreement with Landlord to rent an efficiency apartment
("Lease"). The unit is located at ("Unit"),
as more fully described in Exhibit A.
2. TERM.
This Agreement shall begin on August 1, 2025 and shall expire on October 12, 2025,
unless terminated earlier in accordance with this Agreement ("Initial Term"). The Parties shall
OFFICIAL RECORD
Rental Assistance Landlord Agreement CITY SECRETARY Page 1 of 14
FT. WORTH, TX
have the option to renew this Agreement by written agreement for additional one-year terms
following City review and approval of request by both Tenant and Landlord under the same terms
and conditions, provided however that the rental rate and any amounts payable by City shall be
provided to the City in writing for the new term at least 30 days prior to the effective date of the
renewal term.
3. COMPENSATION.
3.1 Security Den_ osit
The Tenant shall pay a security deposit for the Unit to the Landlord in accordance with the
Tenant's lease, attached hereto as Exhibit A. The Landlord will hold this security deposit during
the period the Tenant occupies the dwelling unit under the Lease. The Landlord shall comply with
state and local laws regarding interest payments on security deposits.
After the Tenant has moved from the dwelling unit, the Landlord may, subject to state and
local law, use the security deposit, including any interest on the deposit, as reimbursement for rent
or any other amounts payable by the Tenant under the Lease. The Landlord will give the Tenant a
written list of all items charged against the security deposit and the amount of each item. After
deducting the amount used as reimbursement to the Landlord, the Landlord shall promptly refund
the full amount of the balance to the Tenant.
The named Tenant may be eligible for security deposit payment assistance payable to
Landlord. In the event that the City pays the security deposit for the Unit on behalf of the Tenant
under a federally funded program (including the Permanent Housing Placement Program), after
deducting the amount used as reimbursement to the Landlord, the Landlord will promptly refund
the full amount of the balance to the City in accordance with HUD regulations. This does not limit
Landlord's right to withhold any portion of the deposit that would normally be withheld at
termination under the terms of the underlying lease. Based upon the City's review, City will pay a
$ 00.00 security deposit, to be paid directly to the Landlord.
The Landlord shall immediately notify the City when the Tenant has moved from the Unit.
3.2 Rent and Amounts Pavable 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, 314.00
per month for the Unit. The City has been notified that the Prorated Rent from October 1,
2025 to October 12, 2025 shall be $508.56.
From August 1, 2025 to September 30, 2025, the Tenant shall be responsible for $275.00
of rent per month. From October 1, 2025 to October 12, 2025, the Tenant shall be
responsible for $106.00 of prorated rent.
From August 1, 2025 to September 30, 2025, City shall be responsible for $1,039.00 of
rent per month. From October 1, 2025 to October 12, 2025, City shall be responsible for
$402.56 of prorated rent.
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A complete history of rental obligations due under this Agreement, per lease term, is
included in Attachment A. 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
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:
I . 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.
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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.
4. TERMINATION.
4.1. Termination of Tenancy: The Landlord may terminate its lease with the Tenant
only as authorized by and through and following applicable state and local laws. The Landlord
must give the Tenant at least 30 days' written notice of the termination and notify the City in
writing within two business days of notifying the Tenant. This may be done by providing City with
a copy of the required notice to the tenant. This Agreement shall automatically terminate on the
date the tenant's lease terminates.
4.2 Termination of Landlord Services Agreement
4.2.1 Written Notice. The City may terminate this Agreement immediately in writing in
the event that Landlord breaches this Agreement. City may also terminate this Agreement at any
time and for any reason by providing Landlord with 30 days' written notice of termination.
4.2.2 Non -appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Landlord
of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except
as to the portions of the payments herein agreed upon for which funds have been appropriated.
4.2.3 HUD Program Year Funding. The City of Fort Worth agrees to commit funding for
rental assistance for a period of up to twelve (12) months, subject to the availability of funds
allocated in the current program year's budget. The City shall not commit to providing rental
assistance beyond this 12-month period unless and until additional funding is received from the
U.S. Department of Housing and Urban Development for the subsequent program year. In the
event that future funding is not secured, the City shall provide written notification to both the
tenant and landlord at least ninety (90) days prior to the end of the contract term, advising them
that rental assistance will not continue beyond the 12-month commitment. The City shall not be
held liable for rental payments beyond the 12-month commitment and any lease agreements
exceeding the 12-month term are entered into at their own risk regarding the continuation of rental
assistance.
5. HOUSING QUALITY STANDARDS AND LANDLORD -PROVIDED SERVICES
5.1 The Landlord agrees to maintain and operate the Unit and related facilities to provide
decent, safe and sanitary housing in accordance with 24 CFR Section 882.109, including
all of the services, maintenance and utilities agreed to in the Lease.
5.2 The City shall have the right to inspect the Unit and related facilities at least annually, and
at such other times as may be necessary to assure that the Unit is in decent, safe, and
sanitary condition, and is in compliance with applicable local codes, and that required
maintenance, services and utilities are provided.
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5.3 If the City determines that the Landlord is not meeting these obligations, the City shall
have the right, even if the Tenant continues in occupancy, to terminate payment of the
City's Portion of the Total Rent and/or terminate the Agreement without any cost or
expense of any kind whatsoever to City.
6. FAIR HOUSING REOUIREMENT
6.1 Nondiscrimination. The Landlord shall not, in the provision of services or in any
other manner, discriminate against any person on the grounds of age, race, color, creed, religion,
sex, handicap, national origin, or familial status. The obligation of the Landlord to comply with
Fair Housing and Civil Rights Requirements inures to the benefit of the United States of America,
the Department of Housing and Urban Development, and the City, any of which shall be entitled
to involve any of the remedies available by law to redress any breach or to compel compliance by
the Landlord.
6.2 Cooperation in Compliance Reviews. The Landlord shall comply with the City and
with HUD in conducting Fair Housing and Civil Rights and other applicable compliance reviews
and complaint investigations pursuant to all applicable Fair Housing Law, civil rights statutes,
Executive Orders and all related rules and regulations.
6.3 Landlord, for itself, its personal representatives, assigns, subcontractors and
successors in interest, as part of the consideration herein, agrees that in the performance of
Landlord's duties and obligations hereunder, it shall not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law, including
City ordinances. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS
NON-DISCRIMINATION COVENANT BY LANDLORD, ITS PERSONAL
REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN
INTEREST, LANDLORD AGREES TO ASSUME SUCH LIABILITY AND TO
INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH
CLAIM.
7. RIGHTS OF CITY IF LANDLORD BREACHES THE AGREEMENT
7.1 Any of the following shall constitute a breach of the Agreement:
(1) If the Landlord has violated any obligation under this Agreement; or
(2) If the Landlord has demonstrated any intention to violate any obligation
under this Agreement; or
(3) If the Landlord has committed any fraud or made any false statement in
connection with the Agreement, or has committed fraud or made any false
statement in connection with any Federal housing assistance program.
7.2 The City shall notify the Landlord in writing of its determination that a breach has
occurred, including a brief statement of the reasons for the determination. The notice to the
landlord may, at the City's sole discretion, allow the Landlord a defined time period in which the
Landlord may take corrective action to remedy the breach.
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7.3 The City's right and remedies for breach of this Agreement shall not be limited by
any provision of this Agreement and City shall be able to seek all remedies available under any
applicable laws.
8. NO THIRD PARTY BENEFICIARIES
8.1 The City does not assume any responsibility for, or liability to, any person injured
as a result of the Landlord's action or failure to act in connection with the implementation of this
Agreement, or as a result of any other action or failure to act by the Landlord.
8.2 The Landlord is not the agent of the City and this Agreement does not create or
affect any relationship between the City and any lender to the Landlord, or any suppliers,
employees, contractors or subcontractors used by the Landlord in connection with this Agreement.
8.3 Nothing in this Agreement shall be construed as creating any right of the Tenant or
a third party (other than HUD) to enforce any provision of this Agreement or to assess any claim
against HUD, the City or the Landlord under this Agreement.
9. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
9.1 Disclosure of Conflicts. Landlord hereby warrants to City that Landlord has made
full disclosure in writing of any existing or potential conflicts of interest related to Landlord's
services under this Agreement. In the event that any conflicts of interest arise after the Effective
Date of this Agreement, Landlord hereby agrees immediately to make full disclosure to City in
writing.
9.2 Confidential Information. Landlord, for itself and its officers, agents and
employees, agrees that it shall treat all information provided to it by City ("City Information") as
confidential and shall not disclose any such information to a third party without the prior written
approval of City.
9.3 Unauthorized Access. Landlord shall store and maintain City Information in a
secure manner and shall not allow unauthorized users to access, modify, delete or otherwise
corrupt City Information in any way. Landlord shall notify City immediately if the security or
integrity of any City Information has been compromised or is believed to have been compromised,
in which event, Landlord shall, in good faith, use all commercially reasonable efforts to cooperate
with City in identifying what information has been accessed by unauthorized means and shall fully
cooperate with City to protect such City Information from further unauthorized disclosure.
10. RIGHT TO AUDIT.
Landlord agrees that City or HUD shall, until the expiration of five (5) years after final
payment under this Agreement, including any renewal terms, or the final conclusion of any audit
commenced during the said three years, have access to and the right to examine at reasonable times
any directly pertinent books, documents, papers and records, including, but not limited to, all
electronic records, of Landlord involving transactions relating to this Agreement as HUD or the
City may reasonably require at no additional cost to City or HUD. Landlord agrees that City or
HUD shall have access during normal working hours to all necessary Landlord facilities and shall
be provided adequate and appropriate work space in order to conduct audits in compliance with
the provisions of this section. City or HUD shall give Landlord reasonable advance notice of
intended audits.
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This section shall survive the expiration or termination of this Agreement.
11. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Landlord shall operate as an independent
contractor as to all rights and privileges and work performed under this Agreement, and not as
agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Landlord shall have the exclusive right to control the details of its
operations and activities and be solely responsible for the acts and omissions of its officers, agents,
servants, employees, consultants and subcontractor. Landlord acknowledges that the doctrine of
respondent superior shall not apply as between City, its officers, agents, servants and employees,
and Landlord, its officers, agents, employees, servants, Landlords and subcontractors. Landlord
further agrees that nothing herein shall be construed as the creation of a partnership or joint
enterprise between City and Landlord. It is further understood that City shall in no way be
considered a Co -employer or a Joint employer of Landlord or any officers, agents, servants,
employees or subcontractor of Landlord. Neither Landlord, nor any officers, agents, servants,
employees or subcontractor of Landlord shall be entitled to any employment benefits from City.
Landlord shall be responsible and liable for any and all payment and reporting of taxes on behalf
of itself, and any of its officers, agents, servants, employees or subcontractor.
12. LIABILITY AND INDEMNIFICATION.
12.1 LIABILITY - LANDLORD SHALL BE LIABLE AND RESPONSIBLE FOR
ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
LANDLORD, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
12.2 GENERAL INDEMNIFICATION - LANDLORD HEREBY COVENANTS
AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANYAND
ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED
DAMAGE OR LOSS TO LANDLORD'S BUSINESS AND ANY RESULTING LOST
PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE
EXTENT CA USED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF
LANDLORD, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
LANDLORD ACKNOWLEDGES AND AGREES THAT CITY SHALL HAVE NO
LIABILITY OR RESPONSIBLITY FOR ANY DAMAGES OF ANY KIND OR CHARACTER
TO THE UNIT RENTED TO THE TENANT OR ANY OTHER PROPERTY OWNED BY
LANDLORD.
Section 12 shall survive the expiration or termination of this Agreement.
13. ASSIGNMENT AND SUBCONTRACTING.
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13.1 Assignment. Landlord shall not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee shall execute a written agreement with City and Landlord under which
the assignee agrees to be bound by the duties and obligations of Landlord under this Agreement.
Landlord and Assignee shall be jointly liable for all obligations of Landlord under this Agreement
prior to the effective date of the assignment.
13.2 Subcontract. If City grants consent to a subcontract, sub Landlord shall execute a
written agreement with Landlord referencing this Agreement under which sub Landlord shall agree
to be bound by the duties and obligations of Landlord under this Agreement as such duties and
obligations may apply. Landlord shall provide City with a fully executed copy of any such
subcontract.
14. COMPLIANCE WITH LAWS. ORDINANCES. RULES AND REGULATIONS.
Landlord agrees that in the performance of its obligations hereunder, it shall comply with
all applicable federal, state and local laws, ordinances, rules and regulations and that any work
performed at the Unit in connection with this Agreement will also comply with all applicable
federal, state and local laws, ordinances, rules and regulations. If City notifies Landlord of any
violation of such laws, ordinances, rules or regulations, Landlord shall immediately desist from
and correct the violation.
15. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (1) hand -delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of
the transmission, or (3) received by the other party by United States Mail, registered, return receipt
requested, addressed as follows:
To CITY:
City of Fort Worth
Attn: Dana Burghdoff
Assistant City Manager
100 Fort Worth Trail
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth Neighborhood
Services Department, Attention: Compliance
Division at same address
16. GOVERNMENTAL POWERS.
To LANDLORD:
WMCI DALLAS XI LLC
dba Bexley at Left Bank
3951 Stillman Pkwy
Glen Allen, VA 23060
It is understood and agreed that by execution of this Agreement, City does not waive or
surrender any of its governmental powers or immunities.
17. NO WAIVER.
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The failure of City or Landlord to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or
Landlord's respective right to insist upon appropriate performance or to assert any such right on
any future occasion.
18. GOVERNING LAW / VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas. If
any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement,
venue for such action shall lie in state courts located in Tarrant County, Texas or the United States
District Court for the Northern District of Texas, Fort Worth Division.
19. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be affected or
impaired.
20. FORCE MAJEURE.
City and Landlord shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including,
but not limited to, compliance with any government law, ordinance or regulation, acts of God,
acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor
restrictions by any governmental authority, transportation problems and/or any other similar
causes.
21. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be
deemed a part of this Agreement, and are not intended to define or limit the scope of any provision
of this Agreement.
22. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be
resolved against the drafting party shall not be employed in the interpretation of this Agreement
or Exhibit A.
23. AMENDMENTS/ MODIFICATIONS/ EXTENSIONS.
No amendment, modification, or extension of this Agreement shall be binding upon a party
hereto unless set forth in a written instrument, which is executed by an authorized representative
of each party.
24. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibit A, contains the entire understanding and agreement
between City and Landlord, their assigns and successors in interest, as to the matters contained
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herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void
to the extent in conflict with any provision of this Agreement.
25. COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Agreement may be executed in multiple counterparts, each of which shall be an
original and all of which shall constitute one and the same instrument. A facsimile copy or
computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the
same effect as an original.
26. SIGNATURE AUTHORITY AND WARRANTY.
The person signing this Agreement hereby warrants that he/she has the legal authority to
execute this Agreement on behalf of the respective party, and that such binding authority has been
granted by proper order, resolution, ordinance or other authorization of the entity. Each party is
fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
By signing this Agreement, Landlord warrants that the Unit is in decent, safe, and sanitary
condition as defined in 24 CFR Section 882.109, and that the Landlord has the legal right to lease
the Unit during the term.
27. CHANGE IN COMPANY NAME OR OWNERSHIP
Landlord shall notify City's Neighborhood Services Department, Compliance Division and
City of Fort Worth Financial Management Services Department, Purchasing Division,, in writing,
of a company name, ownership, or address change for the purpose of maintaining updated City
records. The president of Landlord or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal
documentation such as an updated W-9, documents filed with the state indicating such change,
copy of the board of director's resolution approving the action, or an executed merger or
acquisition agreement. Failure to provide the specified documentation so may adversely impact
future invoice payments.
28. CONFIDENTIAL INFORMATION
Landlord acknowledges that CITY is a governmental entity and is subject to the Texas
Public Information Act ("Act"). By executing this agreement, Landlord acknowledges that this
agreement will be publicly available on the CITY's website, and Landlord is therefore waiving
any claim of confidentiality, whether based in statute or the common law, to any and all materials
contained as part of this agreement including all documents and information referenced herein or
attached hereto.
29. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT
ISRAEL
If Landlord has less than ten employees, this contract is for less than $100,000, or Landlord
does not meet the definition of a "company" under the applicable section of the Texas Government
Code, this provision shall not apply. Landlord acknowledges that in accordance with Chapter 2270
of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it:
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(1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The
terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section
808.001 of the Texas Government Code. By signing this contract, Landlord certifies that
Landlord's signature provides written verification to the City that Landlord: (1) does not boycott
Israel; and (2) will not boycott Israel during the term of the contract.
30. PROHIBITION ON BOYCOTTING ENERGY COMPANIES
Landlord acknowledges that in accordance with Chapter 2276 of the Texas Government
Code, City is prohibited from entering into a contract for goods or services that has a value of
$100,000 or more that is to be paid wholly or partly from public funds of the City with a company
with 10 or more full-time employees unless the contract contains a written verification from the
company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies
during the term of the contract. To the extent that Chapter 2276 of the Government Code is
applicable to this Agreement, by signing this Agreement, Landlord certifies that Landlord's
signature provides written verification to City that Landlord: (1) does not boycott energy
companies; and (2) will not boycott energy companies during the term of this Agreement.
31. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND
AMMUNITION INDUSTRIES
Landlord acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract for goods or services that has a
value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a
company with 10 or more full-time employees unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade association. To the extent
that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Landlord certifies that Landlord's signature provides written verification to City that
Landlord: (1) does not have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or
firearm trade association during the term of this Agreement.
(signature page follows)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
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By: Dana Burghdoff (Aug 2Y, 2025 18 3b:41 CDT)
Name: Dana Burghdoff
Title: Assistant City Manager
Date: 08/21/2025
APPROVAL RECOMMENDED:
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By: Kacey Thomas (Aug 21, 2025 15:53:42 CDT)
Name: Kacey Thomas
Title: Director,
Neighborhood Services Department
ATTEST:
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By:
Name: Jannette Goodall
Title: City Secretary
08/22/2025
Date:
LANDLORD:
By. C —ti— Patar—n (Aug 19 9095 1 hl IS0 CDT)
Name: Christina Peterson
Title: Property Manager
08/19/2025
Date:
CONTRACT COMPLIANCE
MANAGER:
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
c a&&- �&rza'
By: ,�
Name: Cyndee Garza
Title: Sr. Human Services Specialist
APPROVED AS TO FORM AND
LEGALITY:
Sophie Mathews
By:
Name: Sophie Matthews
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 24-0552
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Rental Assistance Landlord Agreement Page 12 of 14
Lease
Term
Initial Term
Attachment A
History of Rental Obligations by Lease Term
Total Rent
August 1, 2025 to
September 30, 2025:
$1,314.00 per month
Prorated Rent from
October 1, 2025 to
October 12, 2025:
$508.56
Tenant's Portion
August 1, 2025 to
September 30, 2025:
$275.00 per month
October 1, 2025 to
October 12, 2025:
$106.00
City's Portion
August 1, 2025 to
September 30, 2025:
$1,039.00 per month
October 1, 2025 to
October 12, 2025:
$402.56
Rental Assistance Landlord Agreement Page 13 of 14
EXHIBIT A
n/a
CoDv of Tenant's Lease
Rental Assistance Landlord Agreement Page 14 of 14
111
This Lease is valid only if filled out before January 1, 2026.
i�
,.;,;,, AI':,It' I,II:'NA'ASSOClNl,t N
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
LEASE DETAILS
A. Apartment (Par.2)
Ends at 11:59 p.m. on: 10/12 /2025
C. Monthly Base Rent (Par. 3)
E. Security Deposit (Par. 5) F. Notice of Termination or Intent to Move Out (Par. 4)
$ 1314.00
$ 0.00 Aminimum 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 amountdoes not
D. Prorated Rent
include any Animal Deposit, which If the number ofdays isn't filled in, notice ofat least 30 days
$ 482.63
would be reflected in an Animal is required.
M due fortheremainder oflst
Addendum.
month or
❑ for 2nd month
G.Late Fees (Par. 3.3)
Initial Late Fee
Daily Late Fee
® 10 96 of one month's monthly
base rent or ❑ %of one month's monthly base rent for days or
❑ $
❑ $ for days
Due if rent unpaid by 11:59 p.m. on the
5th (3rd or greater) day ofthe month
H. Returned Check or Rejected
J. Early Termination Fee Option (Par, 7.2) K. Violation Charges
Payment Fee (Par.3.4)
$
$ 75.00
Noticeof days is require d. AnimalViolation2.2)
Initial charge of $ 100100 .00 per animal (not
You are not eligible for early termination if to exceed $100 per animal) and
I.Relettin Charge
9 g
you are in default.
Adailychargeof$ 10.00 per animal
A relettin charge of $ 1156.13
9 9
Fee must be paid no later than (not to exceed $10 per day per animal)
days after you give us notice
(not to exceed 85% ofthe highest
monthly Rent during the Lease term)
Ifanyvalues ornumberofdaysare blank or"0," Insurance Violation (Master Lease Addendum
may be charged in certain default
then this section does notapply. or other se arateaddendum)
P
situations
$
L. Additional Rent- Monthly Recurring Fixed Charges. You will pay separately for these items as outlined below and/or in separate addenda,
Special Provisions or an amendment to this Lease.
Animal rent $ Cable/satellite $ Internet $
Package service $ Pest control $ 3.00 Stormwater/drainage $0.95
Trash service $ 25.00 Washer/Dryer $
Other: Boiler Management Fee $ 16.70
Other: Environmental Protection Fee $ 0.50
Other: $
Other: $
M. Utilities and Other Variable Charges. You will pay separately for gas, water, wastewater, electricity, trash/recycling, utility billing fees and other
items as outlined in separate addenda, Special Provisions or an amendment to this Lease.
Utility Connection Charge or Transfer Fee: $ 50 . 00 (not to exceed $50) to be paid within 5 days ofwritten 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 byyou and us.
Apartment Lease Contract 02023, Texas Apartment Associatlon, Inc. Page 1 of 6
IVciI Blue Moon eSignature Services Document ID: 461730876 1
LEASETER MS AND CONDITION
1. Definitions. The following terms arecommonlyused in this Lease:
1.1. "Residents" are those listed in "Residents" above who sign
this Lease and are authorized to live in the apartment.
1.2. "Occupants" are those listed in this Lease who are also autho-
rized to live In the apartment, but who do not sign this Lease.
1.3. "Owner" may be identified by an assumed name and Is the
owner only and not property managers or anyone else.
1.4. "Including" In this Lease means"Includingbut not limited to."
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. "Rent" is monthly base rent plus additional monthly
recurring fixed charges.
1.7. "Lease" includes this document, any addenda and
attachments, Community Policies and Special Provisions.
2. Apartment. You are leasing the apartment listed above for use asa
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. Gate
2.2. Measurements. Any dimensions and sizes provided to you
relating to the apartment are only approximations or
estimates; actual dimensions and sizes may vary.
2.3. Representations. You agree that designations oraccredl-
tations associated with the property are subject to change.
3. Rent. You mustpayyourRenton orbeforethe lstdayofeach
month (due date) without demand. There are no exceptions
regarding thepayment ofRent, andyouagree notpayingRenton
or before the 1st of each month is a material breach of this Lease.
3.1. Payments. You will pay your Rent by any method, manner
and place we specify in accordance with this Lease.
Cash is not acceptable without ourprior written
permission. You cannot withhold or offset Rent unless
authorized bylaw. 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.
3.2. Application of Payments. Payment ofeach sum due is an
Independent covenant, which means payments are due
regardless of our performance. When we receive money,
otherthan water and wastewater payments subjectto
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.
3.3. Late Fees. If we don't receive your monthly base rent in full
when it's due, you must pay late fees as outlined in Lease Details.
3.4. Returned Payment Fee. You'll pay the fee listed in Lease
Details for each returned 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 pay for all utilities and services,
related deposits, and any charges or fees when they are due
and as outlined in this Lease. Television channels that are
provided may be changed during the Lease term if the
change applies to all residents.
Ifyour electricity Is interrupted, you must use only battery -
operated lighting (no flames). You must not allow any
utilities (other than cable or Internet) to be cut 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 notifythe provider of your move -
out date. If you delay getting service turned on in your name
by this Lease's start date or cause It to be transferred back into
our name before you surrender or abandon the apartment,
you'll be liable for the charge listed above (not to exceed $50
per billing period), plus the actual or estimated cost of the
utilities used while the utility should have been billed to you.
Ifyour apartment is individually metered and you change
your retail electric provider, you must give us written notice.
You must pay all applicable provider fees, including any fees
to change service back into our name afteryou move out.
3.6. Lease Changes. Lease changes are onlyallowed during the
Lease term or renewal period if governed by Par.10, specified
in Special Provisions in Par. 32, or by a written addendum or
amendment signed by you and us. At or after the end of the
initial Lease term, Rent increases will become effective with at
least 5 days plus the number of days' advance notice contained
in Box F on page 1 in writing from us to you.Your new Lease,
which may include increased Rent or Lease changes, will begin
on the date stated in any advance notice we provide (without
needing your signature) unless you give us written move -out
notice under Par.25, which applies only to the end of the current
Lease term or renewal period.
Automatic Lease Renewal and Notice of Termination. This Lease
will automatically renew month -to -month unless either party gives
written notice of termination or intent to move out as required by Par.
25 and specified on page 1. If the number of days Isn't filled in, no-
tice of at least 30 days is required.
Security Deposit. The total security deposit for all residents Is due
on or before the date this Lease is signed. Any animal deposit will be
designated In an animal addendum, Security deposits may not be ap-
plied to Rent without our prior written consent.
5.1. Refunds and Deductions. You must alve usvour advance
notice of move out as provided by Par. 25 and forwarding
address in writina to receive a written description and
itemized list of charges or refund. In accordance with this
Lease and as allowed by law, we may deduct from your
security deposit any amounts due under this Lease. if you
move out earlv or in resoonse to a notice to vacate. vou'll be
liable for rekevina charges. Upon receipt of your move -out
date and forwarding address in writing, the security deposit
will be returned (less lawful deductions) with an Itemized
accounting of any deductions, no later than 30 days after
surrender or abandonment, unless laws provide otherwise.
Any refund may be by one paymentjointly payable to all
residents and distributed to any one resident we choose,
or distributed equally among all residents.
Insurance. Our insurance doesn't cover the loss ofor damage to
your personal property. You will be required to have liability insur-
ance as specified in this Lease unless otherwise prohibited by law. If
you have insurance covering the apartment or your personal belong-
ings at the time you or we suffer or allege a loss, you agree to require
your insurance carrier to waive any insurance subrogation rights.
Even If not required, we urge you to obtain your own insurance for
losses due to theft, fire, Rood, water, pipe leaks and similar occurrenc-
es. Most renter's insurance policies don't cover losses due to a flood.
Reletting and Early Lease Termination. This Lease may not beter-
minated early except as provided in this Lease.
7.1. Reletting Charge. You'll be liable for a reletting charge as
listed in Lease Details, (notto exceed 85%of the highest
monthly Rent during the Lease term) if you: (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) are judicially evicted. The reletting
charge is not a termination, cancellation or buyout fee and
does not release you from your obligations under this Lease,
including liability for future or past -due Rent, charges for
damages or other sums due.
The reletting charge is a liquidated amount covering only
part of our damages —for our time, effort, and expense in
finding and processing a replacement resident.These
damages are uncertain and hard to ascertain —particularly
those relating to inconvenience, paperwork, advertising,
showing apartments, utilities for showing, checking pros-
pects, overhead, marketing costs, and locator -service fees.
You agree that the reletting charge is a reasonable estimate
of our damages and that the charge is due whether or not our
reletting attempts succeed.
7.2. Early Lease Termination Option Procedure. In addition to
your termination rights referred to in 7.3 or 8.1 below, ifthis
provision applies under Lease Details, you may opt to
terminate this Lease prior to the end ofthe Lease term ifa11 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 anytime and do not
hold over; and (c) you repay all rent concessions, credits or
discounts you received during the Lease term.lfyou are in
default, the Lease remedies apply.
7.3. Special Termination Rights. You may have the right under
Texas law to terminate this Lease earlyin certain situations
Involving military deployment or transfer, family violence,
certain sexual offenses, stalking ordeath ofa sole resident.
Delay of Occupancy. We are not responsible for any delay of your
occupancy caused by construction, repairs, cleaning, or a previous
resident's holding over. This Lease will remain in force subject to
(1) abatement of Rent on a daily basis during delay, and (2) your right
to terminate this Lease in writing as set forth below. Rent abatement
and Lease termination do not apply if the delay is for cleaning or re-
pairs that don't prevent you from moving into the apartment.
8.1. Termination. Ifwe give written notice to you ofa 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.
Apartment Lease Contract 02023, Texas Apartment Asso(yWtion. Inc. Page 2 of 6
WI Blue Moon eSignature Services Document ID: 461730876 1
9. Care of Unit and Damages. You must promptly pay or reimburse us
for loss, damage, consequential damages, government fines or charg-
es, or cost of repairs or service in the apartment community because
of a Lease violation; Improper use, negligence, or other conduct by
you, your invitees, your occupants, or your guests; or, as allowed by
law, any other cause not due to our negligence or fault, except for
damages by acts of God to the extent they couldn't be mitigated by
your action or Inaction.
Unless damage or wastewaterstoppage Is due to our negligence,
we're notifiable for —and you must pay for —repairs and replace-
ments occurring during the Lease term or renewal period, includ-
ing: (A) damage from wastewaterstoppages caused by improper
objects in lines exclusively serving your apartment, (B) damage to
doors, windows, orscreens, and (C) damage from windows ordoors
leftopen.
RESIDENTILIFE
10. Community Policies. Community Policies become part ofthis
Lease and must be followed. We may make changes, including addi-
tions, to our written Community Policies, and those changes can be-
come effective immediately if the Community Policies are distributed
and applicable to all units In the apartment community and do not
change the dollar amounts owed under this Lease.
10.1. Photo/Video Release. You give us permission to use any
photograph, likeness, image or video taken of you while
you are using property common areas or participating in
any event sponsored by us.
10.2. Disclosure of Information. At our 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 exclude from 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 weekwill be the limit.
10.4. Notice of Convictions and Registration. You must
notify us within 15 days if you or any of your occupants:
(A) are convicted of any felony, (B) are convicted of any
misdemeanor involving a controlled substance, violence to
another person, or destruction of property, or (C) register as a
sex offender. Informing us of a criminal conviction or
sex -offender registration doesn't waive any rights we may
have against you.
10.5. Odors, Noise and Construction. You agree that odors
and smells (including those related to cooking),
everyday noises or sounds related to repair, renovation,
Improvement, or construction in or around the property
are all a normal part of a multifamily living environment and
that it is impractical for us to prevent them from penetrating
your apartment.
11. Conduct. You agree to communicate and conduct yourselfin a law-
ful, courteous and reasonable manner at all times when Interacting
with us, our representatives and other residents or occupants. Any
acts of unlawful, discourteous or unreasonable communication or
conduct by you, your occupants or guests is a breach of this Lease.
You must use customary diligence in maintaining the apartment,
keeping it in a sanitary condition and not damaging or littering the
common areas. Trash must be disposed of at least weekly. You will
use your apartment and all other areas, including any balconies, with
reasonable care. We may regulate the use of passageways, patios,
balconies, porches, and activities in common areas.
11.1. Prohibited Conduct. You, your occupants, and your guests
will not engage in certain prohibited conduct, Including the
following activities:
(a) criminal conduct, manufacturing, delivering, or
possessing a controlled substance or drug parapher-
nalia; engaging in or threatening violence, possessing
a weapon prohibited by state law; discharging a firearm
In the apartment community; or, except when
allowed by law, displaying or possessing a gun, knife,
or other weapon in the common area, or In a way that
may alarm others;
(b) behaving in a loud, obnoxious or dangerous manner;
(c) disturbing orthreatening the rights, comfort, health, safety,
or convenience of others, Including us, our agents, or our
representatives;
(d) disrupting our business operations;
(e) storing anything in closets containing water heaters or
gas appliances;
(f) tampering with utilities or telecommunication
equipment;
(g) bringing hazardous materials into the apartment
community;
(h) using windows for entry or exit;
(i) heating the apartment with gas -operated appliances;
(j) making bad -faith or false allegations against us or our
agents to others;
(k) smoking ofanykind, that isnot Inaccordance with this
Lease;
(1) using glass containers in or near pools; or
(m) conducting any kind of business (including child-care
services) in your apartment or in the apartment
community —except for any lawful business
conducted 'at home" by computer, mail, or telephone if
customers, clients, patients, employees or other
business associates do not come to your apartment
for business purposes.
12. Animals. No living creatures ofanykindare allowed, even tempo-
rarily, anywhere in the apartment or apartment community un-
less we've given written permission. If we allow an animal, you must
sign a separate Animal Addendum and, except as set forth In the ad-
dendum, pay an animal deposit and applicable fees and additional
monthly rent, as applicable. An animal deposit Is considered a gener-
al security deposit. You represent that any requests, statements and
representations you make, including those for an assistance or sup-
port animal, are true, accurate and made in good faith. Feeding stray,
feral or wild animals is a breach ofthis Lease.
12.1. Removal of Unauthorized Animal. We may remove an
unauthorized animal by (1) leaving, in a conspicuous
place In the apartment, a written notice of our intent to
remove the animal within 24 hours; and (2) following the
procedures of Par.14. We may: keep or kennel the animal;
turn the animal over to a humane society, local authority
or rescue organization; or return the animal to you if
we consent to your request to keep the animal and you
have completed and signed an Animal Addendum and
paid all fees. When keeping or kenneling an animal, we
won't be liable for loss, harm, sickness, or death of the
animal unless due to our negligence. You must pay for
the animal's reasonable care and kenneling charges.
12.2. Violations of Animal Policies and Charges. Ifyouor
any guest or occupant violates the animal restrictions of
this Lease or our Community Policies, you'll be subject to
charges, damages, eviction, and other remedies
provided in this Lease, Including animal violation charges
listed in Lease Details from the date the animal was
brought into your apartment until it Is removed. If an
animal has been in the apartment at any time during
your term of occupancy (with or without our consent),
we'll charge you for all cleaning and repair costs,
including defleaing, deodorizing, and shampooing, Initial
and 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 ofparking ofall motorized vehicles and
other modes of transportation, including bicycles and scooters, In
this Lease. In addition to other rights we have to tow or boot vehicles
under state law, we also have the right to remove, at the expense of
the vehicle owner or operator, any vehicle that is not in compliance
with this Lease.
14. When We May Enter. Ifyou 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 reasonable times for reasonable business purposes.
If nobody Is in the apartment, then any such person may enter peace-
fully and at reasonable times (by breaking a window or other means
when necessary) for reasonable business purposes 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,
Apartment Lease Contract 02023, Texas Apartment Ai Jt6 �n Page 3of6
I B ue Doon eSIgnature Services Document ID: 461730876 1
15. Requests, Repairs and Malfunctions.
15.1. Written Re q uests R eq u I re d. Ifyo u or any a ccupan t n eeds
to send request —for example, for repairs, installations,
services, ownership disclosure, orsecurity-related matters —
it must be written and delivered to a ur desig n ated
representative in accordance with this Lease (except for
fair -housing accommodation or modification requests or
situations involving imminent danger or threats to health or
safety, such as fire, smoke, gas, explosion, or crime in
progress). Our written notes regarding your oral request do
not constitute a written request from you. Our complying
with or responding to any oral request doesn't waive the strict
requirement for written notices under this Lease. A request
for maintenance or repair by anyone residing in your
apartment constitutes a request from all residents. The time,
manner, method and means of performing maintenance
and repairs, Including whether or which vendors to use,
are within oursole discretion.
15.2. Your Requirement to Notify. You must promptly notify us in
writing of air conditioning or heating problems, water leaks or
moisture, mold, electrical problems, malfunctioning lights,
broken or missing locks or latches, or any other condition that
poses a hazard 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 maychange or install utility lines or
equipment serving the apartment if the work is done
reasonably without substantially increasing your
utility costs. We may turn offequipment and interrupt
utilities as needed to perform work or to avoid
property damage or other emergencies. If utilities
malfunction or are damaged by fire, water, or similar
cause, you must notify our representative immediately.
15.4. Your Remedies. We'll act with customary diligence to
make repairs and reconnections within a reasonable
time, taking into consideration when casualty -insurance
proceeds are received. Unless required by statute after
a casualty loss, or during equipment repair, your Rent
will not abate in whole or in part. "Reasonable time"
accounts for the severity and nature of the problem and
the reasonable availability of materials, labor, and
utilities. Ifwe fail to timely repaira condition that
materially affects the physical health or safety ofan
ordinary resident as required by the Texas Property Code,
you maybe entitled to exercise remedies under § 92.056
and § 92.0561 of the Texas Property Code. if you follow
the procedures under those sections, the following
remedies, among others, maybe available to you:
(1) termination of this Lease and an appropriate refund
under 92.056(f); (2) have the condition repaired or
remedied according to § 92.0561,,(3) deduct from the Rent
the cost of the repair or remedy according to § 92.0561,
and 4) judicial remedies according to § 92.0563.
16. Our Right to Terminate for Apartment Community Damage or
Closure. If, in our sole judgment, damages to the unit or building are
significant or performance of needed repairs poses a danger to you,
we may terminate this Lease and your right to possession by giving
you at least 7 days' written notice. If termination occurs, you agree
we'll refund only prorated rent and all deposits, minus lawful deduc-
tions. We may remove and dispose ofyour personal property if, in
our sole judgment, it causes a health or safety hazard or impedes our
ability to make repairs.
16.1. Property Closure. We also have the right to terminate
this Lease and your right to possession by giving you at
least 30 days' written notice of termination ifwe are
demolishing your apartment or closing it and it will no
longer be used for residential purposes for at least 6
months, or if any part of the property becomes subject to
an eminent domain proceeding.
17. Assignments and Subletting. You may not assign this Lease or sub-
let your apartment, You agree thatyou won't rent, offer to rent or
license all or any part ofyour 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 ofyour 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 nav for missina security de-
vices that are required by law. You'll nav for: (A) rekevina that
you reauest (unless we failed to rekev after the previous resi-
dent moved out): and (B) repairs or replacements because of
misuse or damage by you or vour famliv, your occupants, or vour
guests. Youmustpayimmediatelyaftertheworkisdoneunlessstate
law authorizes advance payment. You must also pay in advance for
any additional or changed security devices you request.
Texas Property Code secs. 92.151, 92.153, and 92.154 require, with
some exceptions, thatwe provide atno cost toyou when occupancy
begins: (A) a window latch on each window, (B) a doorviewer (peep-
hole orwindow) on each exterior door; (C) a pin lock on each sliding
door; (D) either a door -handle latch or a security baron each sliding
door,• (E) a keyless bolting device (deadbolt) on each exterior door;
and (F) either a keyed doorknob lock or a keyed deadbolt lock on
one entrydoor. Keyed locks will be rekeyedafter the prior resident
moves out. The rekeying will be done either before you move in or
within 7 days after you move in, as required bylaw. if we fail to in-
stall or rekey security devices as required by law, you have the right
to do so and deduct the reasonable cost from your next Rent pay-
ment underTexas Property Code sec. 92.165(1). We maydeactivate
or not install keyless bolting devices on yourdoors if(A) you oran
occupant in the dwelling is over55 or disabled, and (B) the require-
ments ofTexas Property Code sec. 92.153(e) or (f) are satisfied.
18.1. Smoke Alarms and Detection Devices. We'll furnish
smoke alarms or other detection devices required by law
or city ordinance. We may install additional detectors
not so required. We'll test them and provide working
batteries when you first take possession ofyour
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.Ifyou damage ordisable the
smoke alarm or remove a battery without replacing it
with a working battery, you maybe liable to us under
Texas Property Code sec. 92.2611 for$100 plus one
month'sRent actualdamages,andattorney'sfees.
18.2. Duty to Report. You must immediately reportto us any
missing, malfunctioning or defective security devices,
smoke alarms or detectors. You'll be liable ifyou fail to
report malfunctions, or fail to report any loss, damage, or
fines resulting from fire, smoke, or water.
19, Resident Safety and Loss. Unless otherwise requiredby law, none
of us, ouremployees, agents, ormanagement companies are liable
to you, yourguests or occupants forany damage, personal injury,
loss to personal property, orloss ofbusfness or personal income,
from any cause, including butnotllmited to: negligent or intention-
al acts ofresidents, occupants, orguests, theft, burglary, assault
vandalism or other crimes, fire, flood, waterleaks, rain, hail, ice,
snow, smoke, lightning, wind, explosions, interruption of utilities,
pipe leaks or other occurrences unless such damage, injuryorloss 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, any false alarms with
police/fire/ambulance response or other required city charges.
20. Condition of the Premises and Alterations.
20.1. As -Is. We disclaim all Implied warranties. You accept the
apartment, fixtures, and furniture as is, except for
conditions materially affecting the health or safety of
ordinary persons. You'll be given an Inventory and
Condition Form at or before move -in. You agree that
after completion of the form or within 48 hours after
move -in, whichever comes first, you must note on the
form all defects or damage, sign the form, return it to
us, and the form accurately reflects the condition of the
premises for purposes of determining any refund due to
you when you move out. Otherwise, everything will be
considered to be In a clean, safe, and good working
condition. You must still send a separate request for any
repairs needed as provided by Par.15.1.
20.2. Standards and Improvements. Unless authorized by
law or by us In writing, you must not perform any repairs,
painting, wallpapering, carpeting, electrical changes, or
otherwise alter our property. No holes or stickers are
allowed inside or outside the apartment. Unless this Lease
states otherwise, we'll permit a reasonable number of small
nail holes for hanging pictures on sheetrock walls 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 -
Apartment Lease Contract 02023,Texas Apartment A;SprlA n.Iq�. Page4d6
I�/I Blue Moon eSixnature Services Document ID: 461730876 1
bells, or lock changes, additions, or rekeying is permitted
unless required bylaw 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 ofthe same type and wattage. Your improvements
to the apartment (made with or without our consent) become
ours unless we agree otherwise in writing.
21. Notices. Written notice to or from our employees, agents, or
management companies constitutes notice to or from us. Notices to
you or any other resident of the apartment constitute notice to all
residents. Notices and requests from any resident constitute notice
from all residents. Only residents can give notice of Lease termination
and intent to move out under Par.7.3. All notices and documents will
be in English and, at our option, in any other language that you read
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.
EVEYMNIRMEMEDIES
22, Liability. Each resident lsjointlyand severally liable for all Lease
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.You'lldefend,indemnifyandhold us
and our employees, agents, and management company
harmless from all liability arising from yourconduct or
requests to our representatives and from the conduct of or
requests byyourinvitees, occupants orguests.
23. Default by Resident.
23.1. Acts of Default. You'll be in default if: (A) you don't
timely pay Rent, including monthly recurring charges, or
other amounts you owe; (B) you or any guest or
occupant violates this Lease, our Community Policies,
or fire, safety, health, criminal or other laws, regardless of
whether or where arrest or conviction occurs; (C) you
give incorrect, incomplete, or false answers in a rental
application or in this Lease; or (D) you or any occupant is
charged, detained, convicted, or given deferred
adjudication or pretrial diversion for (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 theTexas Controlled Substances Act, or (2) any sex -
related crime, including a misdemeanor.
23.2. Eviction. Ifyou default, including holding over, wemay
end your righ t of occupancy by giving 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. After giving notice to vacate or
filing an eviction suit, we maystlll accept Rent orother
sums due, the filing or acceptance doesn't waive or
diminish ourright ofeviction oranyother contractual or
statutory right. 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.
Ifyou don't pay the first month's Rentwhen or before this Lease
begins, all future Rent for the Lease term will be automatically
accelerated without notice and become immediately due. We
also may end your right of occupancy and recover damages,
future Rent, attorneys fees, court costs, and other lawful charges.
23.4. Holdover. You and all occupants must vacate and surrender
the apartment by or before the date contained in: (1) your
move -out notice (2) our notice to vacate, (3) our notice of
non -renewal, or (4) a written agreement specifying a different
move -out date. If a holdover occurs, then you'll be liable to us
for all Rent for the full term of the previously signed lease of a
new resident who can't occupy because of the holdover, and
at our option, we may extend the Lease term and/or increase
the Rent by 25%by delivering written notice to you or your
apartment while you continue to hold over.
23.5. Other Remedies. We may report unpaid amounts to
credit agencies as allowed by law, If we or our debt
collector tries to collect any money you owe us, you
agree that we or the debt collector may contact you by
any legal means. Ifyou default, you will pay us, in addition
to other sums due, any rental discounts or concessions
agreed to in writing that have been applied to your account.
We may recover attorney's fees in connection with enforcing
our rights under this Lease. All unpaid amounts you owe bear
interest at the rate provided by Texas Finance Code Section
304.003(c) from the due date. You must pay all collection -
agency fees 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
by that deadline. You are also liable for a charge (not to
exceed $150) to cover our time, cost and expense for any
eviction proceeding against you, plus ourattorney's fees and
expenses, court costs, and filing fees actually paid.
24. Representatives'Authorityand Waivers. Ourrepresentatives (in-
cluding managementpersonnel, employees, and agents) have no
authority to waive, amend, or terminate this Lease orany part ofit
unless in writing and signed, and no authority to make promises, rep-
resentations, oragreements that impose security duties orotherob-
ligations on us orour 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
choice to enforce, not enforce or delay enforcement of written -no-
tice requirements, rental due dates, acceleration, liens, orany other
rights isn't a waiver under any circumstances. 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 ofour remedies fora
breach underyour prior lease that occurred before the Lease term begins.
Your Lease is subordinate to existing and future recorded mortgages, un-
less the owner's lender chooses otherwise.
All remedies are cumulative. Exercising one remedy won't constitute
an election or waiver of other remedies. All provisions regarding our
nonliability or non duty 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.
-WND
25. Move -Out Notice. Before moving out, you must give our represen-
tative advance written move -out notice as stated in Par. 4, even if
this Lease has become a month -to -month lease. The move -out date
can't be changed unless we and you both agree in writing.
Your move -out notice must comply with each of the following:
(a) Unless we require more than 30 days' notice, Ifyou give
notice on the first day of the month you intend to move
out, move out will be on the last day ofthat month.
(b) Your move -out notice must not terminate this Lease
before the end of the 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.lfwe fail to give a reminder
notice, 30 days' written notice to move out Is required.
(d) You must get from us a written acknowledgment of your
notice.
26. Move -Out Procedures.
26.1. Cleaning. You must thoroughlyclean the apartment, including
doors, windows, furniture, bathrooms, kitchen appliances,
patios, balconies, garages, carports, and storage rooms. You
must follow move -out cleaning Instructions if they have been
provided. Ifyou don't clean adequately, you'll be liable for
reasonable cleaning charges —including charges for cleaning
carpets, draperies, furniture, walls, etc. that are soiled beyond
Apartment Lease Contract 02023, Texas Apartment Association, Inc. Page 5 0( 6
�� Blue Moon eSlgnature Services Document ID: 461730876
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-
fication, or disapproval before final accounting or refunding.
27. Surrender and Abandonment. You have surrendered the apartment
when: (A) the move -out date has passed and no one is living in the
apartment in our reasonable judgment; or (B) apartment keys and ac-
cess devices listed in Par. 2.1 have been turned in to us —whichever
happens first.
You have abandoned the apartment when all of the following have
occurred: (A) everyone appears to have moved out in our reasonable
judgment; (B) you've been in default for nonpayment of Rent for 5
consecutive days, or water, gas, or electric service for the apartment
not connected in our name has been terminated or transferred; and
(C) you've not responded for 2 days to our notice left on the inside of
the main entry door stating that we consider the apartment aban-
doned. An apartment is also considered abandoned 10 days after the
death of a sole resident.
27.1. The Ending of Your Rights. Surrender, abandonment, or
judicial eviction ends your right of possession for all purposes
and gives us the immediate right to clean up, make repairs in,
and relet the apartment; determine any security -deposit
deductions, and remove or store property left In the apartment.
27.2. Removal and Storage of Property. We, or lawofficers, may —
but have no duty to —remove or store all property that in our
sole Judgment belongs to you and remains in the apartment
or in common areas (including anyvehicles you or any
occupant or guest owns or uses) after you're judicially evicted
or if you surrender or abandon the apartment.
We're not liable for casualty, loss, damage, or theft. You
must pay reasonable charges for our packing, removing and
storing any property.
Except for animals, we maythrow 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 hour after writ of possession is
executed, following judicial eviction.
An animal removed after surrender, abandonment, or eviction
maybe kenneled or turned over to a local authority, humane
society, or rescue organization.
GENERALPR•, rTURES
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 pastor
future rent or other charges. The above remedies also apply if both
of the following occur: (1) this Lease is automatically renewed on a
month -to -month basis more than once after membership in TAA and
the local association has lapsed; and (2) neitherthe owner northe man-
agementcompany 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 use TAA forms ifTAA agrees in writing,
Name, address and telephone number of locator service (if applicable):
29. Severability and Survivability.lfany. 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
10.1, 10.2,16,22.1,27,30 and 31 shall survive the termination of
this Lease. This Lease binds subsequent owners.
30. Controlling Law.Texas law governs this Lease. All litigation arising
under this Lease and all Lease obligations must be brought in the
county, and precinct if applicable, where the apartment Is located.
31. Waivers. By signing this Lease, you agree to the following:
31.1. Class Action Waiver. You agree that you will not participate
in any class action claims against us or our employees, agents,
or management company. You must file any claim against us
individually, and you expressly waive your right to bring,
represent, join or otherwise maintain a class action,
collective action or similar proceeding against us in
anyforum.
YOU UNDERSTAND THAT, WITHOUT THIS WAIVER, YOU
COULD BE A PARTY IN A CLASS ACTION LAWSUIT. BY
SIGNING THIS LEASE. YOU ACCEPT THIS WAIVER AND
CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY.
THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE
THE TERMINATION OR EXPIRATION OF THIS LEASE.
31.2. Force Majeure.lfwe are prevented from completing substan-
tial performance ofany obligation under this Lease by
occurrences that are beyond our control, including but
not limited to, an act of God, strikes, epidemics, war, acts of
terrorism, riots, 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
any addenda or Community Policies provided to you, are part of this
Lease and supersede any conflicting provisions In this Lease.
The term 'Utility Connection Charge or
Transfer Fee', as it relates to the "
charge" in paragraph 3.5, means per
utility, per billing cycle. The
Supplemental Resident Handbook that you
agree to comply with is accessible
electronically via the online Resident
portal. For "J. Optional Early
Termination Fee" section, contact
leasing office for fee/details.
Before submitting a rental application or signing this Lease, you
should review the documents and may consult an attorney. You are
bound by this Lease when it is signed. An electronic signature is
binding. This Lease, including all addenda, is the entire agreement
between you and us. You agree that you are NOT relying on any
oral representations.
Resident or Residents (all sign below)
. 09/06/2024
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
(Name of Resident) Date signed
Owner or Owner's Representative (signing on behalf of owner)
Ceuv4&ta 6k&14o41
Apartment Lease Contract, TAA Official Statewide Form 233--A/B-1 B-2 Revised October 2023 Page 6 of 6
IV I Blue Moon eSignature Services Document ID: 461730876 1
COMMUNITY POLICIES ADDENDUM
Addendum. This is an addendum to the Lease between you and us for Apt. No. in the
Apartments in
Texas OR
the house, duplex, etc. located at (street address)
in . Texas.
2. Payments. All payments for any amounts due under the Lease must be made:
® at the onsite manager's office
® through our online portal
® by mall to 545 Harrold Street, Fort Worth, TX 76107 or
® other: www.bexlevatleftbank. com
The following payment methods are accepted:
® electronic payment
® personal check
® cashier's check
® money order, or
❑ other:
We have the right to reject any payment not made in compliance with this paragraph.
Security Deposit Deductions and Other Charges. You'll be liable for the following charges, if applicable: unpaid rent; unpaid
utilities; unreimbursed service charges; repairs or damages caused by negligence, carelessness, accident, or abuse, including stickers,
scratches, tears, burns, stains, or unapproved holes; replacement cost of our property that was in or attached to the apartment and is
missing; replacing dead or missing alarm or detection -device batteries at any time; utilities for repairs or cleaning; trips to let in company
representatives to remove your telephone, Internet, television services, or rental items (if you so request or have moved out); trips to
open the apartment when you or any guest or occupant is missing a key; unreturned keys; missing or burned -out light bulbs; removing
or rekeying unauthorized security devices or alarm systems; packing, removing, or storing property removed or stored under the Lease;
removing illegally parked vehicles; special trips for trash removal caused by parked vehicles blocking dumpsters; false security -alarm
charges unless due to our negligence; animal -related charges outlined in the Lease; government fees or fines against us for violation (by
you, your occupants, or your guests) of local ordinances relating to alarms and detection devices, false alarms, recycling, or other matters;
late -payment and returned -check charges; and other sums due under this Lease. You'll be liable to us for charges for replacing any keys
and access devices referenced in the Lease if you don't return them all on or before your actual move -out date; and accelerated rent
if you've violated the Lease. We may also deduct from your security deposit our reasonable costs incurred In rekeying security
devices required by law if you vacate the apartment in breach of this Lease.
Upon receipt of your move -out date and forwarding address in writing, the security deposit will be returned (less lawful deductions) with
an itemized accounting of any deductions, no later than 30 days after surrender or abandonment, unless laws provide otherwise. Any
refund may be by one payment jointly payable to all residents and distributed to any one resident we choose or distributed equally among
all residents.
4. Requests, Consent, Access and Emergency Contact. All written requests to us must be submitted by:
® online portal
® emailto
® hand delivery to our management office, or
❑ other:
From time to time, we may call or text residents with certain promotional or marketing messages that may be of interest. By signing
this form and providing contact information, you are giving us your express written consent to contact you at the telephone number you
provided for marketing or promotional purposes, even if the phone number you provided is on a corporate, state or national Do Not Call
list. To ont out of receiving these messages. please submit a written request to us by the method noted above.
You aaree to receive these messages from us through an automatic telephone dialina system. arerecordedlartifrcial voice
messages. SMS or text messages, or anv other data or voice transmission technology. Your aa_ reement is not required as a
condition of the purchase of anv oronertv. goods. or services from us.
Any resident, occupant, or spouse who, according to a remaining resident's affidavit, has permanently moved out or is under court order
not to enter the apartment, is (at our option) no longer entitled to occupancy or access devices, unless authorized by court order.
After-hours phone number (833) 574-2212
(Always call 911 for police, fire, possible criminal activity or medical emergencies.)
Parking. We may have any unauthorized or illegally parked vehicles towed or booted according to state law at the owner or operator's
expense at any time if the vehicle: (a) has a fiat tire or is otherwise inoperable; (b) is on jacks, on blocks, or has a wheel missing;
(c) takes up more than one parking space; (d) belongs to a resident or occupant who has surrendered or abandoned the apartment;
(e) is in a handicapped space without the legally required handicapped insignia; (f) is in a space marked for office visitors, managers, or
staff; (g) blocks another vehicle from exiting; (h) is in a fire lane or designated 'no parking" area; (i) is in a space that requires a permit or
is reserved for another resident or apartment; 0) is on the grass, sidewalk, or patio; (k) blocks a garbage truck from access to a dumpster;
(1) has no current license or registration, and we have given you at least 10 days' notice that the vehicle will be towed if not removed; or
(m) is not moved to allow parking lot maintenance.
IV'( Blue Moon eSignature Services Document ID: 461730876
6. HVAC Operation. If the exterior temperature drops below 32° F you must keep the heat on and set to a minimum of 50° F. You must
also open all closets, cabinets, and doors under sinks to assist in keeping plumbing fixtures and plumbing pipes from freezing, and you
must drip all the faucets in your apartment using both the hot and cold water. Leave the faucets dripping until the exterior temperature rises
above 32° F. You must leave your HVAC system on, even if you leave for multiple days, and have it set to auto at all times.
7. Amenities. Your permission for use of all common areas, amenities, and recreational facilities (collectively "Amenities") located at
the property is a license granted by us. This permission is expressly conditioned upon your compliance with the terms of the Lease, the
Community Policies, and any signage posted in or around any of the Amenities. We have the right to set the days and hours of use for all
Amenities and to change those or close any of the Amenities based upon our needs. We may make changes to the rules for the use of
the Amenities at any time.
Neither we nor any of our agents, employees, management company, its agents, or its employees shall be liable for any damage
or injury that results from the use of anyAmenities by you, your invitees, your licensees, your occupants, or your guests. This
release applies to any and all current, past or future claims or liability of any kind related to your decision to use the Amenities.
8. Package Services. We ❑ do or ® do not accept packages on behalf of residents.
If we DO accept packages, you give us permission to sign and accept any parcels or letters you receive through UPS, Federal Express,
Airborne, United States Postal Service or other package delivery services. You agree that we are not liable or responsible for any lost,
damaged or unordered deliveries and will hold us harmless.
9. Fair Housing Policy. We comply with applicable fair housing laws. In accordance with fair housing laws, we'll make reasonable
accommodations to our rules, policies, practices or services and allow reasonable modifications to give disabled persons access to and
use of the dwelling and common areas. We may require you to sign an addendum regarding the implementation of any accommodations
or modifications, as well as your restoration obligations, if any. This fair housing policy does not expand or limit any rights and obligations
under applicable law.
10. Special Provisions. The following special provisions control over conflicting provisions of this form:
The Supplemental Resident Handbook that you agree to comply with is accessible
electronically via the online resident portal.
. Ceuv Ana, Peke ,4"
Signature of All Residents Signature of Owner or Owner's Representative
Texas Apartment Association
IV( Blue Moon eSiRnature Services Document ID: 461730876 1
Animal Addendum
TF.XANAPAI1TMKNTASSUCIRI'IUN
Please note: We consider animals a serious responsibility and a risk to each resident in the dwelling. If you do
not properly control and care for an animal, you ll be liable if it causes damage or disturbs other residents.
Dwelling Unit,
.
2. Lease.
Owner'sname: WMCi Dallas XI LLC dba Bexley
at Left Bank
Residents (list all residents):
3. Conditional Authorization for Animal. You may keep the animal or
animals described below in the dwelling until the Lease expires. We
may terminate this authorization sooner if your right of occupancy is
lawfully terminated or if in ourjudgment you, your animal, your guest,
or any occupant violates any of the rules in this addendum.
4. Animal Deposit. You must pay a one-time animal deposit of
$ when you sign this addendum. This deposit is
in addition to your total security deposit under the Lease, which is a
general security deposit for all purposes. Refund of the total security
deposit is subject to the terms and conditions in the Lease, and this
animal -deposit portion of the total deposit is not separately refund-
able even if the animal is removed.
S. Assistance or Service Animals. When allowed by applicable laws, we
may require written verification of or make other inquiries regarding
the disability -related need for an assistance or service animal for a per-
son with a disability. We will not charge an animal deposit, additional
rent, or other fee for any authorized assistance or service animal. Ex-
cept as provided by applicable law, all other provisions of this adden-
dum apply to assistance or service animals.
6. Search and Rescue Dogs. We may ask the handler of a search and
rescue dog for proof he or she is a person with a certification issued by
a nationally recognized search and rescue agency before we authorize
a search and rescue dog. If we authorize a search and rescue dog, we
will not charge an animal deposit, additional rent or other fee for any
such dog. Except as provided by applicable law, all other provisions of
this addendum apply to search and rescue dogs.
7. Additional Monthly Rent. Your monthly base rent (as stated in the
Lease) will be increased by $
S. Additional Fee. You must also pay a one-time nonrefundable fee
of $ to keep the animal in the dwelling unit. The
fee Is due when you sign this addendum.
9. Liability Not Limited. The additional monthly rent and additional
security deposit under this Animal Addendum do not limit residents'
liability for property damage, cleaning, deodorization, defleaing, re-
placements, or personal Injuries,
10. Description of Animal. You may keep only the animal or animals de-
scribed below. You may not substitute any other animal. Neither you
nor your guests or occupants may bring any other animal —mammal,
reptile, bird, amphibian, fish, rodent, arachnid, or insect —into the
dwelling or apartment community.
Animal's name: NO PETS
Type:
Breed:
Color:
Weight:
Age:
City of license:
License #:
Date of last rabies shot:
Housebroken?
Animal owner's name:
Animal's name:
Type:
Breed:
Color:
Weight:
Age:
City of license:
License #:
Date of last rabies shot:
Housebroken?
Animal owner's name:
Animal's name:
Type:
Breed:
Color:
Weight:
Age:
City of license:
License #:
Date of last rabies shot:
Housebroken?
Animal owner's name:
11. Special Provisions. The following special provisions control over any
conflicting provisions of this addendum:
See additional addendum titled Animal
Addendum Special Provisions continued.
12. Emergency. In an emergency involving an accident or injury to your
animal, we have the right —but not the duty —to take the animal to
the following veterinarian for treatment, at your expense.
Doctor:
Address:
City/State/Zip:
Phone: ( i
13. Animal Rules. You are responsible for the animal's actions at all times.
You agree to follow these rules:
13.1 Shots and Licenses. The animal at all times must have current
rabies shots and licenses required by law. You must show us evi-
dence of the shots and licenses Ifwe ask.
13.2 Disturbances. The animal must not disturb the neighbors or
other residents, regardless of whether the animal is inside or
outside the dwelling.
13.3 Housebreaking, Cages, Offspring. Dogs, cats, assistance or
service animals, and search and rescue dogs must be house-
broken. All other animals must be caged at all times. No animal
offspring are allowed.
13.4 Indoor Waste Areas. Inside, the animal may urinate or defe-
cate only in these designated areas: litterbox.
13.5 Outdoor Waste Areas. Outside, the animal may urinate or def-
ecate only in these designated areas: Must clean up
after pet.
13.6 Tethering. Animals may not be tied to any fixed object any-
where outside the dwelling units, except in fenced yards (if any)
for your exclusive use.
02022 TEXAS APARTMENT ASSOCIATION, INC. / CONTINUED ON BACK
IV I Blue Moon eSlRnature Services Document ID: 461730876
13.7 off -Limit Areas. You must not let an animal —other than an
assistance or service animal —into swimming -pool areas, laun-
dry rooms, offices, clubrooms, other recreational facilities, or
other dwelling units besides your own, except that search and
rescue dogs shall be allowed to use areas of the property ac-
cessible to the general public, such as the leasing office. Cer-
tain service animals in training shall also be allowed to use
those areas when accompanied by an approved trainer.
13.8 Food & Water. Your animal must be fed and given water in-
side the dwelling unit. You may not leave animal food or water
outside the dwelling unit at anytime, except in fenced yards (if
any) for your exclusive use.
13.9 Leash. You must keep the animal on a leash and under your su-
pervision when outside the dwelling or in any private fenced area.
We or our representative may pick up unleashed animals, report
them to the proper authorities, or do both. We'll charge you a rea-
sonable fee for picking up and keeping unleashed animals.
13.10AnimaI Waste. Unless we have designated a particular area in
your dwelling unit or on the grounds for animal defecation and
urination, you are prohibited from letting an animal defecate or
urinate anywhere on our property and you must take the ani-
mal offour property for that purpose. Ifwe allow animal defeca-
tion inside the unit, you must ensure that it's done in a litter box
with a kitty -litter -type mix. If the animal defecates anywhere
on our property (including in a fenced yard for your exclusive
use), you must immediately remove the waste and repair any
damage. In addition to the terms of this addendum, you must
complywith all local ordinances regarding animal defecation.
14. Additional Rules. We may make reasonable changes to the animal
rules from time to time if we distribute a written copy of any changes
to every resident who is allowed to have animals.
15. Violation of Rules. If you, your guest, or any occupant violates any
rule or provision of this addendum (in ourjudgment) and we give you
written notice of the violation, you must remove the animal immedi-
atelyand permanently from the premises. We also have all other rights
and remedies set forth In the Lease, Including eviction and recovering
damages and attorney's feesfrom you.
16. Complaints About Animal. If we receive a reasonable complaint from
a neighbor or other resident or ifwe, in our sole discretion, determine
that the animal has disturbed neighbors or other residents, we will
give you written notice and you must immediately and permanently
remove the animal from the premises.
17. Our Removal of an Animal. In some circumstances, we may enter the
dwelling unit and remove the animal within one day after leaving a
written notice in a conspicuous place.
17.1 Causes for Removal, We can remove an animal under this para-
graph if, in our solejudgment, you have:
(A) abandoned the animal;
(B) left the animal in the dwelling unitfor an extended period of
time without food or water;
(C) failed to care for a sick animal;
(D) violated our animal rules, OR
(E) let the animal defecate or urinate where it's not allowed.
17.2 Removal Process. To remove an animal, we must follow the
procedures in the Lease, and we may turn the animal over to a
humane society or local authority. We'll return the animal to you
upon request if we haven't already turned it over to a humane
society or local authority. We don't have a lien on the animal
for any purpose, but you must pay for reasonable care and ken-
neling charges for the animal. If you don't pick up the animal
within five days after we remove it, it will be considered aban-
doned.
18. Liability for Damage, injuries, Cleaning. Except for reasonable wear
and tear resulting from an assistance or service animal, you and all co -
residents are jointly and severally liable for the entire amount of any
damage the animal causes, including cleaning, defleaing, or deodor-
izing. This provision applies to all parts of the dwelling unit including
carpets, doors, walls, drapes, wallpaper, windows, screens, furniture, and
appliances, as well as landscaping and other outside improvements. If an
'item cannot be satisfactorily cleaned or repaired, you must pay for us
to replace it. Payment for damage, repairs, cleaning, replacements, and
the like are due immediately upon demand. As the owner, you're strictly
liable for the entire amount of any injury that your animal causes to an-
other person or to anyone's property. You indemnify us for all costs of
litigation and attorneys fees resulting from any such injury or damage.
19. Move -Out. Except for reasonable wear and tear resulting from an as-
sistance or service animal, when you move out, you'll pay for deflea-
ing, deodorizing, and shampooing to protect future residents from
possible health hazards, regardless of how long the animal was there.
We —not you —will arrange for these services.
20. Multiple Residents. Each resident who signed the Lease must also
sign this addendum. You, your guests, and any occupants must follow
all animal rules. Each resident 1s jointly and severally liable for dam-
ages and all other obligations set forth in this addendum, even if the
resident does not own the animal.
21. Dog Park. We may provide an area to be used as a dog park. While
using the park, you will be required to supervise your dog, but may
remove the leash. Leashes must be used while traveling to and from
the park. The park is not supervised or monitored in any way, and you
use the park at your own risk. We are not liable for any injury, damage
or loss which is caused as a result of any problem, defect or malfunc-
tion of the park. We are also not liable for injury, damage or loss to
any person, animal or property caused by any other person or animal,
including, but not limited to, dog bite, trespass, assault or any other
crime. Furthermore, we are not liable for any disruption in the park's
operation or performance. You hereby release us and our agents, con-
tractors, employees and representatives from any liability connected
with the park. You agree to be responsible for any property damage
caused by you, your guests or other occupants to the park. You un-
derstand that participating in any activity at the park carries a risk of
injury, and you are willing to assume this risk. We make no representa-
tions or warranties of any kind regarding the park.
22. General. You acknowledge that no other oral or written agreement
exists regarding animals. Except for any special provisions noted in
paragraph 11 above, our representative has no authority to modify this
addendum or the animal rules except in writing as described under
paragraph 14.This Animal Addendum and the animal rules are consid-
ered part of the Lease described above.
23. Animal Restrictions. No animal will be allowed that poses a threat
to any other person. You represent that your animal(s) does not pose
a danger or threat of any kind to any person or property, has not dis-
played vicious, aggressive or dangerous behavior; and has never be-
fore injured you or any other person or animal or caused any dam-
age to your property or another person's property. You affirmatively
represent and warrant that you have never had a claim or lawsuit filed
against you or anyone else for an injury or damage caused by or re-
lated to the animal. You understand and agree that the approval of the
animal to live in your apartment is expressly conditioned upon all of
the forgoing being true and if you have made any misrepresentation it
Is a violation of the Lease.
You are legally bound by this document. Please read it carefully.
You are entitled to receive a copyof this Addendum afteritis fully
signed. Keep it in a safe place.
Resident or Residents (all sign below)
t "..& (
06/2024
(Name of Resident)
Date signed
(Name of Resident)
Date signed
(Name of Resident)
Date signed
(Name of Resident)
Date signed
(Name of Resident)
Date signed
(Name of Resident)
Date signed
Owner or Owner's Representative
(sign below)
Cfu,U&taPe6j,4, i
09/12/2024
Date signed
TAA Official Statewide Form 22-E, Revised February 2022 Q
F/� yright2022,TexazApartmentAssociation,Inc.
IV 1 Blue Moon eSignature Services Document ID: 461730876
Animal Addendum
Special Provisions (continued from Animal Addendum)
Special Provisions (continued): The following special provisions control over any conflicting provisions of the Animal
Addendum:
A maximum of three (3) animals is allowed per apartment, including caged/tanked animals.
No farm animals or livestock are allowed. The following dog breeds are prohibited on the
property: Chow, Rottweiler, Staffordshire Terrier, Pit Bull, Doberman Pinscher, certain
Mastiff breeds and mixed breeds that contain any portion of the foregoing breeds. Dogs
resembling a prohibited breed are also prohibited, regardless of veterinary records to
the contrary. Landlord, in its sole discretion, may elect to prohibit additional breeds
of animals not listed above. If the animal demonstrates aggressive behavior at any time,
we have the right to require the animal to be muzzled while on property and/or require
the animal to be permanently removed from the premises in our discretion. There is a 3-
dog maximum in ground floor apartments and a 2-dog maximum in apartments located on other
floors. Tenant will incur a fee of $25.00/incident for not picking up pet waste. If
Tenant repeatedly fails to pick up pet waste, Tenant may be subject to additional action,
including without limitation a lease violation notice. The deposit referenced in
paragraph 4 of the Animal Addendum, additional fee referenced in paragraph 8 0£ the
Animal Addendum and pet rent referenced in paragraph 7 of the Animal Addendum shall be as
follows based on the number of animals (excluding caged/tanked animals) in the table
below. There are to be no visiting animals, for any period of time, unless (i) owner has
granted advance written approval, (ii) Tenant complies with paragraph 12 of the Lease,
(iii) Tenant has delivered a signed animal addendum to owner regarding the visiting pet,
and Tenant pays a daily non-refundable fee of $10 for each visiting pet. All visiting
pets must abide by the Pet Rules and Restrictions listed in the Animal Addendum and
Resident Handbook. If any animal visits for more than ten (10) days on an annual basis,
the animal shall not be deemed a visiting animal and Tenant shall be required to pay the
deposit, additional fee and monthly pet rent as set forth herein. Tenant(s) authorizes
Agent to inspect the premises, after the visit end date to insure the pet has been
removed. If tenant does not obtain prior written consent for a visiting pet, the pet will
be treated as unregistered and subject to the terms in the paragraph related to
Unregistered Pets. Caged/tanked animals are allowed but 1) must remain in their cage/
tank. 2) cannot be venomous/poisonous; and fish tanks must be less than 30 gallons. 3)
Type, breed and size restrictions apply. 4) require a $100 deposit prior to bringing the
animal(s) to the property (fish tanks less than 10 gallons; no deposit). Note: The $100
deposit is for up to 3 caged/tanked animals; no more than three animals are allowed per
apartment.
Number of animals
1
2
3
Deposit
$200.00
$400.00
$600.00
Resident or Residents
[All residents must sign here]
Additional Fee Monthly Pet Rent
$300.00 $15.00
$500.00 $30.00
$700.00 $45.00
Owner or Owner's Representative
[signs here]
09/06/2024
Date of Lease Contract
Iv1 Blue Moon eSignature Services Document ID: 461730876
INSURANCE ADDENDUM
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the
Apartments in
Texas OR
the house, duplex, etc. located at (street address)
, Texas.
The terms of this addendum will control if the term of the Lease and this addendum conflict,
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 $ 100000 . 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 Interest' that will be notified by the insurer of any cancellation, non -
renewal, or material change in your coverage no later than 30 days after such action. You must provide us written proof of compliance with
the Lease and this addendum on or prior to the Lease commencement date; and if you do not you will not be granted possession of the
Premises. You must also provide us written proof of compliance within 7 days of our written request at any other time we request it.
3. Acknowledgement. You acknowledge that Owner does not acquire or maintain insurance for Resident's benefit or which is designed
to insure you for personal injury, loss or damage to your personal property or belongings, or your own liability for injury, loss or damage
that you (or your occupants or guests) may cause others. Any insurance policy that insures you for personal injury, loss or damage to
your personal property or belongings, or provide you coverage for your own liability for injury, loss or damage that you (or your occupants
or guests) may cause others must be bought and maintained solely by you. We do not and are not able to provide you with information
on insurance coverage, rates, or terms and conditions. You should instead seek such information from a licensed insurance company,
licensed insurance agent, other licensed insurance professional, or the Texas Department of Insurance. The Texas Department of
Insurance website at www.tdi.texas.gov may contain useful consumer information regarding renter's insurance. You further acknowledge
that we have made no referrals, guarantees, representations or promises whatsoever concerning any insurance or services provided by
any insurance company. At all times you have been and remain free to contract for the required insurance with the insurance carrier of
your choosing.
4. Default. You understand and agree that your failure to comply with either the requirements specified in the Lease, this addendum, or
both is a material breach by you of the Lease and a default of the Lease for which Owner may sue you for eviction. If you fail to buy and
maintain insurance as required by the Lease and this addendum, we may, in our sole discretion, agree to refrain from filing an eviction
against you for your default for not having the appropriate insurance in place upon payment by you to Owner of $
(which you agree is not a liquidated damages amount and which sum shall only apply to each month (or part thereof) you remain in breach
of this insurance addendum). Owner will agree to forego commencement of an eviction based upon non-compliance with this addendum
for a one -month period, during which you shall come into compliance with this addendum. Our choice to accept money from you to forego
pursuit of an eviction for one month does not require us to accept money from you or forego pursuit of our remedies under this paragraph
for any subsequent months. The foregoing payments are due on the 1 st day of the month following the calendar month (or part thereof)
during which you do not have the required insurance, with no grace period. PAYMENT OF SAID AMOUNT DOES NOT RELIEVE YOU
OF YOUR OBLIGATION TO BUY AND MAINTAIN INSURANCE AS SUMMARIZED IN PARAGRAPH 2 OF THIS ADDENDUM, DOES
NOT CURE THE MATERIAL BREACH AND DEFAULT DESCRIBED IN THIS PARAGRAPH, IN WHOLE OR IN PART, AND DOES NOT
RELIEVE YOU OF ANY OBLIGATION TO COMPENSATE US OR ANY OTHER PARTY INJURED OR DAMAGED BY THE ACTIONS
OR INACTIONS OF RESIDENT OR YOUR OCCUPANTS OR GUESTS. You further understand that we will not buy an insurance policy
for you or for your benefit, and that nothing in this Lease shall be considered an agreement by Owner to furnish you with any insurance
coverage.
NOTICE TO RESIDENT: YOU SHOULD BE AWARE THAT THE REQUIRED INSURANCE POLICY UNDER THIS ADDENDUM DOES
NOT PROTECT YOU AGAINST LOSS OR DAMAGE TO YOUR PERSONAL PROPERTY OR BELONGINGS. YOU ARE STRONGLY
ENCOURAGED TO BUY INSURANCE THAT COVERS YOU AND YOUR PROPERTY.
I have read, understand and agree to comply with the preceding provisions: [All Residents must sign this addendum]
Signature of All Residents Signature of Owner or Owner's Representative
Texas Apartment Association
IV I Blue Moon eSignature Services Document ID: 461730876 1
LEASE ADDENDUM
PERSONAL LIABILITY INSURANCE REQUIRED
Addendum. This is an addendum to the lease between you and us for Apt. No. in the
OR the house, duplex, etc. located at (street address)
in
„TX
1. Insurance Acknowledgement. Tenant acknowledges that Landlord does not maintain insurance to protect Tenant against personal
injury, loss or damage to Tenant's personal property or to cover Tenant's own liability for injury, loss or damage Tenant (or Tenant's
occupants or guests) may cause others. Tenant also acknowledges that Tenant may be responsible to others (including Landlord and
Agent) for the full cost of any injury, loss or damage caused by Tenant's negligent actions or the negligent actions of Tenant's
occupants or guests, including but not limited to damage caused by fire or smoke
2. Building Protection fee. Landlord agrees to waive the requirements in the Lease that Tenant purchase liability insurance covering
damage from fire, vandalism, smoke, water and any other perils, with limits of at least $100,000 (the "Insurance Requirements"), as
set forth in the Lease, if Tenant 1) elects to waive the insurance requirement and pay the Building Protection Fee (as defined below) by
opting into the building protection program at www.residentnrotect.coul; or 2) fails to provide proof of insurance as required in the
Lease (in which case the Building Protection Fee will be charged to the Tenant automatically and the Tenant will be opted into the
building protection program) within ten (10) business days following the date of this Addendum; or 3) cancels (voluntarily or
involuntarily) its existing liability insurance coverage and Landlord receives notice of the same (in which case the Building Protection
Fee may be charged to Tenant automatically and the Tenant may be opted into the building protection program). In such event,
Landlord shall charge Tenant a `Building Protection Fee" in the amount of Twelve Dollars and 00/100 ($12.00) per month. This
Building Protection Fee is to be paid as additional monthly rent and will be used to help protect Landlord's assets, including real,
improved and personal property owned or managed by Landlord against damage caused by a Tenant. Tenant may cancel its
participation in this program at any time if Tenant purchases its own personal liability insurance policy or renter's insurance policy and
provides proof of coverage to Landlord or Agent. This Building Protection Fee offers no protection for Tenant's personal property or
third -party liability. Tenant should consider purchasing renter's insurance to protect Tenant from financial loss and third -party
liability. Such policy must identify Landlord and Agent as additional insureds.
3. Damage to Tenant's Personal Property. Pursuant to the Lease, Tenant is only required to comply with the Insurance Requirements;
however, Landlord highly recommends Tenant also obtain coverage for its personal property. Tenant has the option to obtain personal
property reimbursement by visiting v.^.3 y.residentnrotect.com, As a resident of this property, Tenant automatically qualifies for this
reimbursement. If Tenant chooses to participate in this program, Tenant shall pay a "Property Reimbursement Fee" in the amount of
Three Dollars and 00/100 ($3.00) per month. This Property Reimbursement Fee is to be paid in the same manner as additional
monthly rent. The Property Reimbursement Fee shall qualify Tenant for reimbursement for losses to Tenant's personal property up to
Ten Thousand and 00/100 Dollars ($10,000). A description of the program is available by visiting www.residentprotect.com
4. Freedom of Choice. At all times, Tenant can purchase insurance through the carrier or agency of Tenant's choice, subject to the
requirements of the Lease, and is not required to purchase insurance through a particular carrier or participate in our property
reimbursement program. However, the insurance Tenant purchases must meet the Lease's minimum Insurance Requirements at all
times
5. Default. Tenant(s)'s failure to obtain or maintain insurance coverage meeting the Insurance Requirements shall constitute a material
default of the Lease Agreement, entitling Agent to terminate the Lease Agreement and/or Tenant(s)'s right to possession under the
Lease Agreement. Landlord reserves the right, and Tenant hereby authorizes Landlord, to charge Tenant a`Building Protection Fee"
monthly in the amount of Twelve and 00/100 Dollars ($12.00) as additional rent under the Lease if Tenant does not maintain coverage
meeting the Insurance Requirements. Tenant may cancel its participation in this program at any time if Tenant purchases its own
personal liability insurance policy or renter's insurance policy meeting the Insurance Requirements and provides proof of coverage to
Landlord or Agent.
6. Class Action Waiver. The parties waive any right to bring class actions or representative claims on behalf of a class of individuals or
to participate as a class representative or member (the "Class Action Waiver") against each other. Tenant is not waiving any right(s) to
pursue claims against Landlord or Agent related to its tenancy, but Tenant agrees to file any claim(s) against Landlord or Agent in its
individual capacity only, and Tenant hereby waives any rights that it may have had to bring or take part in a class or representative
action.
7. Miscellaneous.
a. Except as specifically stated in this Addendum, all other terms and conditions of the Lease shall remain unchanged.
b. The insurance required by the Lease is not required by any law. Tenant's obligation to provide insurance stems solely from the
Lease.
c. In the event of any conflict between the terms of this Addendum and the terms of the Lease, the terms of this Addendum shall
control.
ly�f Blue Moon eSignature Services Document ID: 461730876 1
d. The insurance required by the Lease is not an attempt to limit our liability for our own negligence or Tenant's liability ror
Tenant's own negligence.
e. The insurance required by the Lease is not in lieu of, or in any way a component of, any security deposit required by the Lease.
By signing below, Tenant acknowledges and agree to be bound to the terms of this Addendum.
�
Resident or Residents
(All residents must sign)
Owner or Owner's Representative
(Signs below)
C&;. 6t& Peke 4,"
09/12/2024
Date of Lease Contract
I✓( Blue Moon eSignature Services Document ID: 461730876 1
FLOOD DISCLOSURE NOTICE
In accordance with Texas law, we are providing the following flood disclosure:
• We ❑ are or M are not aware that the unit you are renting is located in a 100-year floodplain. If
neither box is checked, you should assume the unit is in a 100-year floodplain. Even if the unit is not
in a 100-year floodplain, the unit may still be susceptible to flooding. The Federal Emergency
Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by
address, at no cost, to determine if a unit is located in a flood hazard area. Most renter's insurance
policies do not cover damages or loss incurred in a flood. You should seek insurance coverage that
would cover losses caused by a flood.
• We O are or ® 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
CBtry UM pe&ewhor,
09/12/2024
Date
Texas Apartment Association
IVf Blue Moon eSignature Services Document ID: 461730876 1
FITNESS CENTER/BUSINESS CENTER
RULES AND REGULATIONS.
We hope you will enjoy the Fitness Center and/or Business Center. To ensure that everyone has a safe and enjoyable
experience, please abide by the following rules and regulations. These rules and regulations become a part of the
Resident Handbook that you received as part of your Move -In Packet.
1. The Fitness Center is for the use of residents and their guests. Guests are not permitted in the Business
Center
2. The Fitness Center and Business Center are accessible 24 hours a day; 7
days a week.
3. Residents are permitted to bring one guest per day to the Fitness Center. Guests must be accompanied by a
resident at all times while in the Fitness Center. Guests must carry a guest pass at all times while in the
Fitness Center. Guests must abide by all Fitness Center policies. Residents are responsible for the actions of
their guests.
4. No persons under age 16 are permitted to use the exercise equipment or be in the Fitness Center.
5. No attendants or supervision of any kind will be provided by the Management for the Fitness Center.
6. Use the exercise equipment at your own risk. Weinstein Properties is not responsible for accidents or
injuries related in any way to the use of the Fitness Center.
7. It is strongly recommended that appropriate work out clothing be worn while using the fitness equipment.
Fitness center users assume all risk of injury resulting from failing to wear appropriate clothing.
8. The treadmills and stair stepper machines are not designed for use by persons weighing over 250 pounds.
9. Know your limits. Do not over exert yourself.
10. Read all posted instructions, If you do not understand the instructions, do not use the equipment.
11. When using the treadmill, please attach the safety key to your clothing or body.
12. No one under the influence of drugs or alcohol may use the Fitness Center or Business Center at any time.
13. Please wear shoes —no wet or bare feet are permitted in the Fitness Center or Business Center.
14. There is a $50.00 fee for lost or stolen access cards/fobs, or for not returning the access card/fob
when your occupancy expires.
15. The Fitness Center may not be used for the purpose of conducting business, including personal training or
classes, at any time.
16. Landlord reserves the right to deny access to the Fitness Center and/or Business Center to any and all
Tenant(s) who fail to comply with these Rules and Regulations.
I have read, understand and agree to comply with the foregoing rules and regulations.
Date:09/06/2024 Tenant Signature:
Date: Tenant Signature:
IVI Blue Moon eiignature Services Document ID: 461730876 1
LEASE ADDENDUM FOR ACCESS CONTROL DEVICES
Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the
Apartments in
Texas.
2. Remote control/cards/code for gate access.
0 Remote control for gate access. Each resident on the lease will be given a remote control at no cost to use during his
or her residency. Each additional remote control for you or your occupants will require a $ 75.00 non-
refundable fee.
❑ Cards for gate access. Each resident on the lease will be given a card at no cost to use during his or her residency.
Each additional card for you or your occupants will require a $ non-refundable fee.
❑ Code for gate access. Each resident will be given, at no cost, an access code (keypad number) for the pedestrian or
vehicular access gates. It is to be used only during your residency.
3. Damaged, lost or unreturned remote controls, cards, key fobs or code changes.
x❑ If a remote control is lost, stolen or damaged, a $ 75.00 fee will be charged for a replacement. If a remote
control is not returned or is returned damaged when you move out, there will be a $ 75.00 deduction from
the security deposit.
❑ If a card is lost, stolen or damaged, a $ fee will be charged for a replacement card. If a card is not
returned or is returned damaged when you move out, there will be a $ deduction from the security
deposit.
❑ We may change the code(s) at any time and notify you accordingly.
4. Report damage or malfunctions. Please immediately report to the office any malfunction or damage to gates, fencing,
locks, or related equipment.
5. Follow written instructions. You and all other occupants must read and follow the written instructions that have been
furnished to you regarding the access gates. If the gates are damaged by you, your occupants, guests, or invitees through
negligence or misuse, you are liable for the damages under your lease, and collection of damage amounts will be pursued.
6. Personal injury and/or personal property damage. Anything mechanical or electronic is subject to malfunction.
Fencing, gates, or other devices will not prevent all crime. No security system or device is foolproof or 100 percent successful
in deterring crime. Crime can still occur. Protecting residents, their families, occupants, guests, and invitees from crime is
the sole responsibility of residents, occupants, and law enforcement agencies. You should first call 911 or other appropriate
emergency police numbers if a crime occurs or is suspected. We are not liable to any resident, guest, occupant, or invitee
for personal injury, death, or damage/loss of personal property from incidents related to perimeter fencing, automobile
access gates, and/or pedestrian access gates. We reserve the right to modify or eliminate security systems other than those
statutorily required.
7. RULES IN USING VEHICLE GATES.
• Always approach entry and exit gates with caution and at a very slow rate of speed.
• Never stop your car where the gate can hit your vehicle as the gate opens or closes.
• Never follow another vehicle into an open gate. Always use your card to gain entry.
• Report to management the vehicle license plate number of any vehicle that piggybacks through the gate.
• Never force the gate open with your car.
• Never get out of your vehicle while the gates are opening or closing.
• If you are using the gates with a boat or trailer, please contact management for assistance. The length and width of the
trailer may cause recognition problems with the safety loop detector and could cause damage.
• Do not operate the gate if there are small children nearby who might get caught in it as it opens or closes.
• If you lose your card, please contact the management office immediately.
• Do not give your card or code to anyone else.
• Do not tamper with gate or allow your occupants to tamper or play with gates.
Signatures of All Residents Signature of Owner or Owner's Representative
Texas Apartment Association
IVI Blue Moon eSiRnature Services Document ID:461730876 1
LEASE ADDENDUM REGARDING SMOI{ING
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the
Texas OR
the house, duplex, etc. located at (street address)
Apartments in
in
, Texas.
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
® 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 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.
7. Lease Contract termination 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 your 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
IV 1 Blue Moon eSianature Services Document ID: 461730876�
9. Your responsibility for conduct of occupants, family members and guests. You are responsible for communicating
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 -free environment. 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.
C? "60&4.4"
Signs ures of All Residents Signature of Owner or Owner's Representative
Texas Apartment Association
lv I Blue Moon eSignature Services Document ID: 461730876
LEASE ADDENDUM FOR SATELLITE DISH OR ANTENNA
Under a Federal Communications Commission (FCC) order, you as our resident have a right to install a transmitting or receiving satellite dish
or antenna on the leased premises, subject to FCC limitations. We as a rental housing owner are allowed to impose reasonable restrictions
relating to such installation. You are required to comply with these restrictions as a condition of installing such equipment. This addendum
contains the restrictions that you and we agree to follow.
1. Addendum. This is an addendum to the lease between you and us for Apt. No. in the
Apartments in
Texas OR
the house, duplex, etc. located at (street address)
, Texas.
2. Number and size. You may install 1 satellite dish(es) or antenna(s) on the leased premises. A satellite dish may not exceed
one meter (3.3 feet) in diameter. Antennas that only transmit signals or that are not covered by 47 CFR §1.4000 are prohibited.
3. Location. Your satellite dish or antenna must be located: (1) Inside your dwelling; or (2) in an area outside your dwelling such as a
balcony, patio, yard, etc. of which you have exclusive use under your lease. Installation is not permitted on any parking area, roof, exterior
wall, window, window sill, fence, or common area, or in an area that other residents are allowed to use. A satellite dish or antenna may not
protrude beyond the vertical and horizontal space that is leased to you for your exclusive use.
4. Safety and non-interference. Your installation: (1) must comply with all applicable ordinances and laws and all reasonable safety
standards; (2) may not interfere with our cable, telephone or electrical systems or those of neighboring properties; (3) may not be
connected to our telecommunication systems; and (4) may not be connected to our electrical system except by plugging into a 110-volt
duplex receptacle. If the satellite dish or antenna is placed in a permitted outside area, it must be safely secured by one of three methods:
(1) securely attaching it to a portable, heavy object such as a small slab of concrete; (2) clamping it to a part of the building's exterior that
Iles within your leased premises (such as a balcony or patio railing); or (3) any other method approved by us in writing. No other methods
are allowed. We may require reasonable screening of the satellite dish or antenna by plants, etc., so long as it does not impair reception.
S. Signal transmission from exterior dish or antenna to interior of dwelling. Under the FCC order, you may not damage or alter
the leased premises and may not drill holes through outside walls, door jams, windowsills, etc. If your satellite dish or antenna is installed
outside your dwelling (on a balcony, patio, etc.), the signals received by it may be transmitted to the interior of your dwelling only by the
following methods: (1) running a "Flat" cable under a door jam or windowsill in a manner that does not physically alter the premises and
does not interfere with proper operation of the door or window; (2) running a traditional or flat cable through a pre-existing hole in the wall
(that will not need to be enlarged to accommodate the cable); (3) connecting cables "through a window pane," similar to how an external
car antenna for a cellular phone can be connected to inside wiring by a device glued to either side of the window —without drilling a hole
through the window; (4) wireless transmission of the signal from the satellite dish or antenna to a device inside the dwelling; or (5) any
other method approved by us in writing.
6. Safety in installation. In order to assure safety, the strength and type of materials used for installation must be approved by us.
Installation must be done by a qualified person or company approved by us. Our approval will not be unreasonably withheld. An installer
provided by the seller of the satellite dish or antenna is presumed to be qualified.
T. Maintenance. You will have the sole responsibility for maintaining your satellite dish, antenna, and all related equipment.
8. Removal and damages. You must remove the satellite dish or antenna and all related equipment when you move out of the dwelling.
In accordance with the TAA Lease Contract, you must pay for any damages and for the cost of repairs or repainting caused by negligence,
carelessness, accident. or abuse which may be reasonably necessary to restore the leased premises to its condition prior to the installation
of your satellite dish, antenna or related equipment. You will not be responsible for normal wear and tear.
9. Liability insurance and indemnity. You must take full responsibility for the satellite dish, antenna, and related equipment. If the dish
or antenna is Installed at a height or in some other way that could result in injury to others if it becomes unattached and falls, you must
provide us with evidence of liability Insurance to protect us against claims of personal injury and property damage to others, related to your
satellite dish, antenna, and related equipment. The Insurance coverage must be $ 100000.00 , which is an amount reasonably
determined by us to accomplish that purpose. Factors affecting the amount of insurance include height of Installation above ground level,
potential wind velocities, risk of the dish/antenna becoming unattached and falling on someone, etc. You agree to hold us harmless and
indemnify us against any of the above claims by others.
10. Security deposit. Your security deposit (in your Lease Contract) is increased by an additional reasonable sum of $ 150.00
N effective at time of installation or ❑ effective within days of Installation to help protect us against possible repair costs,
damages, or failure to remove the satellite dish, antenna and related equipment at time of move -out. Factors affecting any security
deposit may vary, depending on: (1) how the dish or antenna is attached (nails, screws, lag bolts drilled into walls); (2) whether holes
were permitted to be drilled through walls for the cable between the satellite dish and the TV; and (3) the difficulty and cost of repair or
restoration after removal, etc. A security deposit increase does not imply a right to drill into or alter the leased premises.
11. When you may begin installation. You may start installation of your satellite dish, antenna, or related equipment only after you have:
(1) signed this addendum; (2) provided us with written evidence of the liability insurance referred to in paragraph 9 of this addendum;
(3) paid us the additional security deposit, if applicable, in paragraph 10; and (4) received our written approval, which may not be
unreasonably withheld, of the Installation materials and the person or company that will do the installation.
12. Miscellaneous. If additional satellite dishes or antennas are desired, an additional lease addendum must be executed.
�t C�irU&n& Pegew4"
7gn ures of All Residents Signature of Owner or Owner's Representative
Texas Apartment Association
lV I Blue Moon eSiQnature Services Document ID: 461730876 1
WATER AND WASTEWATER SUBMETERING ADDENDUM
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the
Apartments in
Texas OR
the house, duplex, etc. located at (street address)
in Texas.
2. PUC. Water conservation by submeter billing is encouraged by the Public Utility Commission of Texas (PUC). Submeter billing is regulated
by PUC rules, and a copy of the rules is attached to this addendum. This addendum complies with those rules.
3. Mutual Conservation Efforts. We agree to use our best efforts to repair any water leaks inside or outside your apartment no later than
7 days after we learn about them. You agree to use your best efforts to follow the water -conservation suggestions listed in the checklist
below.
4. Submeter Billing Procedures. Your monthly rent under the TAA Lease does not include a charge for water and wastewater. Instead,
you will receive a separate monthly bill from us for submetered water and wastewater use, as follows:
(A) Your monthly water and wastewater bill will conform to all applicable rules of the PUC (see attached).
(B) As permitted by state law, a service fee of 9 % (not to exceed 9%) will be added to your monthly water -service charges.
(C) No other administrative or other fees will be added to your bill unless expressly allowed by law or PUC rules. No other amounts will be
included in the bill except your unpaid balances and any late fees (if incurred by you). If we fail to pay our mastermeter bill to the utility
company on time and incur penalties or interest, no portion of these amounts will be included in your bill.
(D) We will calculate your submetered share of the mastermetered water bill according to PUC rules, Section 24.281.
(E) We will bill you monthly for your submetered water consumption from approximately the 1 day of the month to the 31
day of the month, the latter being our scheduled submeter-reading date. Your bill will be calculated in accordance with PUC rules and
this Addendum and will be prorated for the first and last months you live in the unit.
(F) PUC rules require us to publish figures from the previous calendar year if that information is available. The average monthly bill for all
dwelling units in the apartment community last year was $ 41.08 per unit, varying from $ 3.34 for the lowest
month's bill to $ 94.70 for the highest month's bill for any unit. This information may or may not be relevant since the past
amounts may not reflect future changes in utility -company water rates, weather variations, future total water consumption, changes in
water -consumption habits of residents, and other unpredictable factors.
(G) During regular weekday office hours, you may examine: (1) our water and wastewater bills from the utility company; (2) our calculation
of your monthly submeter bill; and (3) any other information available to you under PUC rules. Please give us reasonable advance
notice to gather the data. Any disputes relating to the computation of your bill will be between you and us.
S. Your Payment -Due Date. Payment of your submeter water and 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% of your water and wastewater bill if we do not receive your payment on time.
A Checklist of Water -Conservation Ideas for Your Dwelling
In the bathroom ...
• Never put cleansing tissues, dental floss, cigarette butts, or other trash in the toilet.
• When brushing your teeth, turn off the water until you need to rinse your mouth.
• When shaving, fill the sink with hot water instead of letting the faucet run.
• Take a shower instead of filling the tub and taking a bath.
Take a shorter shower. Showers may use up to half of your interior water consumption.
• If you take a tub bath, reduce the water level by one or two inches.
• Shampoo your hair in the shower.
• Test toilets for leaks. Add a few drops of food coloring to the tank, but do not flush. Watch to see if the coloring appears in the bowl within
a few minutes. If it does, the fixture needs adjustment or repair. A slow drip can waste as much as 170 gallons a day or 5,000 gallons per
month. Report all leaks to management.
• Don't leave water running while cleaning bathroom fixtures.
In the kitchen ...
• Run your dishwasher only when you have a full load.
• If you wash dishes by hand, don't leave the water running for washing or rinsing. Fill the sink instead.
• Use your sink disposal sparingly, and never for just a few scraps.
• Keep a container of drinking water in the refrigerator.
• When cleaning vegetables, use a pan of cold water rather than letting the faucet run.
• For cooking most food, use only a little water and place a lid on the pot.
• Report all leaks to management.
When doinq the laundry.. .
• Wash only full loads of laundry or else adjust the water level to match the size of the load (if you have this option).
• Use cold water as often as possible to save energy and to conserve the hot water for uses that cold water cannot serve.
Attached., PUC Rules for Submetered Water or Wastewater Service
Also note that the service fee referenced in item 4(B) does not apply to properties receiving Low -Income Housing Tax Credits or to properties receiving
tenant -based vouchers.
. CPuds&& (Qeiemoe
Resident or Residents [All residents must sign here] Owner or Owner's Representative [sign here]
Texas Apartment Association
IVI, Blue Moon eSignature Services Document ID: 461730876 1
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 nontranslent 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 fiat 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 nontranslent
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 nontranslent
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 submeler---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 submelers 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 submelers.
(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 orwastewater service. Utility Costs and Utility Service Costs have
the same meaning.
(18) Utility service —For purposes of this subchapter, utility service Includes
only drinking water and wastewater.
§ 24.277. Owner Registration and Records
(a) Registration. An owner who intends to bill tenants for submetered or
allocated utility service or who changes the method used to bill tenants for
utility service shall register with the commission In a form prescribed by the
commission.
(b) Water quantity measurement. Except as provided by subsections (c) and
(d) of this section, a manager of a condominium or the owner of an apartment
house, manufactured home rental community, or multiple use facility, on
which construction began after January 1, 2003, shall provide for the
measurement of the quantity of water, if any, consumed by the occupants of
each unit through the installation of:
(1) submelers, 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 orvery 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 submelers or individual meters. A
retail public utility may charge reasonable costs to install individual meters.
(a) Records. The owner shall make the following records available for
inspection by the tenant or the commission or commission staff at the on -site
managers 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
owners 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:
IV I Blue Moon eSlgnature Services Document ID: 461730876
(A) the calculation of the average cost per gallon, liter, or cubic foot;
(8) If the unit of measure of the submeters or point -of -use submelers
differs from the unit of measure of the master meter, a chart for
converting the tenant's submeter measurement to that used by the retail
public utility;
(C) all submeter readings; and
(D) all submeter test results;
(8) the total amount billed to all tenants each month;
(9) total revenues collected from the tenants each month to pay for water
and wastewater service; and
(10) any other Information necessary for a tenant to calculate and verify a
water and wastewater bill.
(f) Records retention. Each of the records required under subsection (a) of
this section shall be maintained for the current year and the previous calendar
year, except that all submeter test results shall be maintained until the
submeter is permanently removed from service.
(g) Availability of records.
(1) If the records required under subsection (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 (a) of this section are not
routinely maintained at the on -site manager's office, the owner shall
provide copies of the records to the on -site manager within 15 days of
receiving a written request from a tenant or the commission or commission
staff.
(3) If there is no on -site manager, the owner shall make copies of the
records available at the tenant's dwelling unit at a time agreed upon by the
tenant within 30 days of the owner receiving a written request from the
tenant
(4) Copies of the records may be provided by 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 lenantwill 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 dales,
and due dates;
(7) the pedod 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 owners responsibilities under
this subchapter.
(c) Tenant agreement to billing method changes. An owner shall not change
the method by which a tenant is billed unless the tenant has agreed to the
change by signing a lease or other written agreement. The owner shall
provide notice of the proposed change at least 35 days prior to Implementing
the new method.
(d) Change from submetered to allocated billing. An owner shall not change
from submetered billing to allocated billing, except after receiving written
approval from the commission after a demonstration of good cause and If the
rental agreement requirements under subsections (a), (b), and (c) of this
section have been met. Good cause may include:
(1) equipment failures; or
(2) meter reading or billing problems that could not feasibly be corrected.
(a) Waiver of tenant rights prohibited. A rental agreement provision that
purports to waive a tenant's rights or an owner's responsibilities under this
subchapter is void.
§ 24.281. Charges and Calculations
(a) Prohibited charges. Charges billed to tenants for submetered or allocated
utility service may only include bills for water or wastewater from the retail
public utility and must not include any fees billed to the owner by the retail
public utility for any deposit, disconnect, reconnect, late payment, or other
similar fees.
(b) Dwelling unit base charge. If the retail public utility's rate structure includes
a dwelling unit base charge, the owner shall bill each dwelling unit for the
base charge applicable to that unit. The owner may not bill tenants for any
dwelling unit base charges applicable to unoccupied dwelling units.
(c) Customer service charge. If the retail public utility's rate structure Includes
a customer service charge, the owner shall bill each dwelling unit the amount
of the customer service charge divided by the total number of dwelling units,
Including vacant units, that can receive service through the master meter
serving the tenants.
(d) Calculations for submetered utility service. The tenant's 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 Stales Housing Act of 1937 Section 8, (42 United States
Code, §14370; 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.
(a) Calculations for allocated utility service.
(1) Before an owner may allocate the retail public utility's master meter bill
for water and sewer service to the tenants, the owner shall first deduct:
(A) dwelling unit base charges or customer service charge, if applicable;
and
(B) common area usage such as Installed landscape irrigation systems,
pools, and laundry rooms, If any, as follows:
(i) If all common areas are separately metered or submetered, deduct
the actual common area usage;
(II) if common areas that are served through the master meter that
provides water to the dwelling units are not separately metered or
submetered and there is an Installed landscape irrigation system,
deduct at least 25% of the retail public utility's master meter bill;
(Ili) if all water used for an Installed landscape Irrigation system Is
metered or submetered and there are other common areas such as
pools or laundry rooms that are not metered or submetered, deduct
at least 5% of the retail public utility's master meter bill; or
(iv) if common areas that are served through the master meter that
provides water to the dwelling units are not separately metered or
Iv/1 Blue Moon eSignature Services Document ID: 461730876 1
submetered and there is no installed landscape Irrigation system,
deduct at least 5% of the retail public utility's master meter bill.
(2) To calculate a tenant's bill:
(A) for an apartment house, the owner shall multiply the amount
established in paragraph (1) of this subsection by:
(i) the numberof 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
(it) the number of occupants in the tenant's dwelling unit using a ratio
occupancy formula divided by the total number of occupants in all
dwelling units at the beginning of the retail public utility's billing period
using the same ratio occupancy formula to determine the total. The
ratio occupancy formula will reflect what the owner believes more
accurately represents the water use in units that are occupied by
multiple tenants. The ratio occupancy formula that is used must
assign a fractional portion per tenant of no less than that on the
following scale:
(1) dwelling unit with one occupant = 1;
(11) dwelling unit with two occupants =1.6;
(III) dwelling unit with three occupants = 2.2; or
(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
(11) the area of the Individual rental space divided by the total area of
all rental spaces; and
(D) for a multiple use facility, the owner shall multiply the amount
established In paragraph (1) of this subsection by:
(i) any of the factors developed under subparagraph (A) of this
paragraph; or
(it) 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 outduring a billing
period before the owner recelves the bill forthat 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 (a) of this section shall
immediately provide notice as required under §24.279(c) of this titre (relating
to Rental Agreement) and either.
(1) adopt one of the methods In subsection (a) of this section; or
(2) install submeters and begin billing on a submetered basis; or
(3) discontinue billing for utility services.
§ 24.283. Billing
(a) Monthly billing of total charges. The owner shall bill the tenant each month
for the total charges calculated under §24.281 of this titre (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.
(a) Multi -Item bill. If issued on a multi -item bill, charges for submetered or
allocated utility, service must be separate and distinct from any other charges
on the bill.
(f) Information on bill. The bill must clearly slate that the utility service is
submetered or allocated, as applicable, and must include all of the following:
(1) total amount due for submetered or allocated water;
(2) total amount due for submetered or allocated wastewater,
(3) total amount due for dwelling unit base charge(s) or customer service
charge(s) or both, if applicable;
(4) total amount due for water or wastewater usage, If applicable;
(6) 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 dale falls on a federal
holiday orweekend, In which case the following work day will be the due date.
The owner shall record the dale the bill Is mailed or hand delivered. A
payment Is delinquent If not received by the due date.
(1) Estimated bill. An estimated bill may be rendered If a master meter,
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.
0) 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 underbllling. 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
IV I Blue Moon eSlanature Services Document ID: 461730876 1
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.
(1) 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 penally may be applied
unless agreed to by the tenant In a written lease that stales the percentage
amount of such late penalty.
§ 24.285. Complaint Jurisdiction
(a) Jurisdiction. The commission has exclusive jurisdiction forviolalions 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
necessaryfor 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 dosely 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 ownerfor testing and Inspection where such activities
will cause minimum interference and inconvenience to the tenant.
(6) Submeter and point -of -use submeter records. The owner shall maintain
a record on each submeter or point -of -use submeter which includes:
(A) an identifying number,
(B) the Installation dale (and removal date, if applicable);
(C) date(s) the submeter or point -of -use submeter was calibrated or
tested;
(D) copies of all tests; and
(E) the current location of the submeter or point -of -use submeter.
(7) Submeter or point -of -use submeter lest 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 submetertest.
(A) The owner may not bill the tenant for testing costs If the submeter
falls to meet AWWA accuracy standards for water meters or ASME
standards for point -of -use submeters.
(B) The owner may not bill the tenant for testing costs if there Is no
evidence that the submeter or 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 laterthan the first anniversary of the dale an owner of an apartment
house, manufactured home rental community, or multiple use facility or a
managerof a condominium begins to bill for submetered or allocated water
service, the owner or manager shall:
(A) remove any toilets that exceed a maximum flow of 3.5 gallons per
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.
�� Blue Moon eSignature Services Document ID: 461730876
Formula:
Resident or Residents
[All residents must sign here]
LEASE ADDENDUM FOR
ALLOCATING NATURAL GAS COSTS FORMULA
Owner or Owner's Representative
[signs here]
C&U&m 0)&4.4041
Date of Lease Contract
IVI Blue Moon eSignature Services Document ID: 461730876 1
LEASE ADDENDUM FOR TRASH REMOVAL AND RECYCLING COSTS -FLAT FEE
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the
Texas OR
the house, duplex, etc. located at (street address)
in
Apartments in
, Texas.
2. Flat fee for trash/recycling costs. Your monthly base rent under the TAA Lease Contract does not include a charge
for trash removal. Instead, you will be receiving a separate bill from us for such service. You agree to pay a monthly fee of
$ 25.00 for the removal of trash and/or recycling for the apartment community, plus a nominal administrative fee of
$ 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.
Signalures of All Residents Signature of Owner or Owner's Representative
Texas Apartment Association
IV'I Blue Moon eSianature Services Document ID: 461730876 1
LEASE ADDENDUM FOR VALET TRASH
Addendum. This is an addendum to lease contract for Apt. No. in the
Apartments, in
This Lease Addendum for Valet Trash (this "Addendum") is made and entered into as of the date of the Lease Contract and between WMCi Dallas XI
LLC dba Bexley at Left Bank (the "owner") and
Rogelio Valdez
(the "Resident", whether one or more) upon the terms and conditions stated herein.
The Lease Agreement, as written, is all inclusive and binding to the Landlord and the Tenant, with the exception of the following amendments and revisions:
1. Valet trash collection service will be provided for Tenant five (5) nights per week, Sunday through Thursday for an additional monthly fee noted within
your lease or subsequent renewal. The fee for valet trash collection is in addition to the monthly fee for regular trash. Note: Valet trash collection will
not occur on designated holidays.
2. Each apartment will be provided with one container to be used for the purpose of valet trash collection. Only approved containers are allowed.
3. Tenant Is responsible for placing the provided container containing bagged trash only outside the front door of the apartment no earlier than 6
0 0 PM each evening for collection.
4. Trash collection service will begin at 8 : 00PM
5. All trash must be bagged and tied securely. Pet waste must be double bagged. No broken glass or sharp objects are allowed in the container. Large
items or bags weighing over 25 Ibs are not permitted.
6. All bags must be placed inside the provided container. Trash will not be collected without the use of the provided container.
7. Loose trash will not be collected.
8. Boxes must be broken down and flattened.
9. If Tenant is unable to place container outside of the apartment on a designated service night, Tenant is responsible for disposing of trash in the
community dumpster/trash compactor.
10. The container and/or trash may not be left outside the apartment for any reason other than pickup during the designated trash collection timeframe.
11. If a container remains outside of the apartment past 9 : 0OAM on the morning following trash collection service, a $25 . 00 fee will
be assessed.
12. Tenant is required to keep the provided container clean.
13. The provided container is property of Landlord.
14. Tenant will be assessed a $25 • 00 fee If an additional or replacement container is needed, or if the container is not left in the apartment when
Tenant vacates.
If Tenant is found to be in violation of any of the above, Landlord will issue a warning to Tenant. If Tenant is found to be in violation a second time, the container
may be removed and/or a $ 2 5 • 0 0 fee will be assessed. In the event container is removed, it will be returned after any fees are paid. If Tenant is found to
be in violation a third time, valet trash removal service will be terminated and disposing of trash in the provided dumpster/trash compactor will become the
responsibility of the Tenant. Tenant will not receive any refund or rebate for valet trash removal charges.
The undersigned have read, understand and agree to comply with the terms of this Addendum.
CBtri s>?i M A&4ow
Signatures of All Residents Signature of Owner or Owner's Representative
09/06/2024
Date of Lease Contract
INK Blue Moon eSignature Services Document ID: 461730876
LEASE ADDENDUM FOR ALLOCATING SERVICES AND GOVERNMENTAL FEES
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. in the
Apartments in
Texas. The terms of this addendum will control if the terms of the Lease and this addendum conflict.
2. Reason for 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.
3. Services and governmental fees allocated. We will allocate the following services and governmental fees:
❑
Cable/satellite television
❑
Registration/license fee
®
Stormwater/drainage
❑
Other
❑
Trash removal/recycling
❑
Other
❑
Street repair/maintenance fee
❑
Other
❑
Emergency services fee
❑
Other
❑
Conservation district fee
❑
Other
❑
Inspection fee
❑
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 Rent". 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 unit's share of the total square footage in the apartment community, i.e., your
units square footage divided by the total square footage in all apartment units.
❑ A percentage reflecting your apartment unit's 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 unit's share of total square footage and half will be based on your
share of total people living in the apartment community, as described above.
X❑ 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 formula. 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 examinerecords. You may examine our service 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.
&,- Ce0U&ci, ({)e&4ort
Signatures of All Residents Signature of Owner or Owner's Representative
Texas Apartment Association
lvI Blue Moon eSlanature Services Document ID: 461730876 1
0� Mold Information and Prevention
nsscx:iRI'ION Addendum
Please note., We want to maintain a high -quality living environment for our residents. To help achieve this goal,
it is important that we work together to minimize any mold growth in your dwelling. This Addendum contains
important information for you, and responsibilities for both you and us.
1. Addendum. This is an addendum between the Residents and If small areas of mold have already accumulated on nonporous
Owner as described in the Lease for the dwelling described below: surfaces (such as ceramic tile, formica, vinyl flooring, metal, wood,
and let the surface dry thoroughly. When the surface is dry —and
within 24 hours of cleaning—applya premixed spray -on household
biocide.
(name ofopartments)
or other dwelling located at 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
(streetaddress ofhouse, duplex, etc.) will take appropriate action to comply with Section 92.051 et seq. of
the Texas Property Code, subject to the special exceptions for natu-
City/State/Zip where dwelling is located: 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, it's important to prevent excess moisture buildup
in your dwelling. Promptly notify us in writing about any air-condi-
tioning or heating -system problems and any signs of water leaks,
water infiltration or mold. We will respond in accordance with state
law and the Lease to repair or remedy the situation.
This Addendum is part of your Lease.
You are legally bound by this document. Please read it carefully.
Resident or Residents (all sign below)
Owner or Owner's Representative (sign below)
09/06/2024 1216 ittaif eke 4"
(Name of Resident)
Date signed
(Name of Resident)
Date signed
(Name of Resident)
Date signed
(Name of Resident)
Date signed
(Name of Resident)
Date signed
(Name of Resident)
Date signed
You are entitled to receive a copy of this Addendum after it is fully signed, Keep it in a safe place.
09/12/2024
Date signed
TAA Official Statewide Form 23-FF, Revised October, 2023 Q
Copyright 2023, Texas Apartment Association, Inc.
IV I Blue Moon eSianature Services Document ID: 461730876 I
Bed Bug Addendum
IIf \,\s AI :�R"f M li1'I' ASS<J(:IR I111N
,
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 liability when it comes to bed bugs.
Addendum. This is an addendum between the Residents and
Owner as described in the Lease for the dwelling described below:
Apt.
or other dwelling located at
(street address 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 be found
in the dwelling or on your personal property. We will rely on repre-
sentations that you make to us in this addendum.
3. Inspection and Infestations. We are not aware of any current
evidence of bed bugs or bed -bug infestation in the dwelling.
BY SIGNING THIS ADDENDUM. YOU REPRESENT THAT:
• YOU HAVE INSPECTED THE DWELLING BEFORE MOVING
IN OR SIGNING THIS ADDENDUM. AND YOU DID NOT
FIND ANY EVIDENCE OF BED BUGS OR BED -BUG INFES-
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 inspect for ortreat bed bugs. We can also inspect and treat
adjacent or neighboring dwellings to the infestation, even ifthose
dwellings are not the source or cause of the known infestation. Si-
multaneously as we treat the dwelling, you must, atyour 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 notto treat the dwell-
ing for a bed -bug infestation on yourown.
5. Notification. You must promptly notify us:
of any known or suspected bed -bug infestation or presence
in the dwelling, or in any of your clothing, furniture, or per-
sonal property;
of any recurring or unexplained bites, stings, irritations, or
sores on the skin or body that you believe are caused by bed
bugs, or by any condition or pest you believe is in the dwell-
ing; AND
ifyou discover any condition or evidence that might indicate
the presence or infestation of bed bugs, or if you receive any
confirmation of bed -bug presence by licensed pest -control
professional or other authoritative source.
6. Cooperation. lfwe confirm the presence or Infestation of bedbugs,
you must cooperate and coordinate with us and our pest -control
agents to treat and eliminate them. You must follow all directions
from us or our agents to clean and treat the dwelling and building
that are infested. If you don't cooperate with us, you will be in de-
fault and we will have the right to terminate your right of occupancy
and exercise all rights and remedies under the Lease.
7. Responsibilities. You may be required to pay all reasonable costs
of cleaning and pest -control treatments incurred by us to treat your
dwelling unit for bed bugs. If we confirm the presence or Infestation
of bed bugs after you move out, you may be responsible for the cost
of cleaning and pest control. If we have to move other residents in
order to treat adjoining or neighboring dwellings to your dwelling
unit, you may have to pay any lost rental income and other expens-
es we incur to relocate the neighboring residents and to clean and
perform pest -control treatments to eradicate infestations in other
dwellings. If you don't pay us for any costs you are liable for, you
will be in default and we will have the right to terminate your right
of occupancy and exercise all rights and remedies under the Lease,
and we may take immediate possession of the dwelling. If you don't
move out after your right of occupancy has been terminated, you
will be liable for holdover rent under the Lease.
8. Transfers, Ifwe allowyou to transfer to another dwelling in the com-
munity because of the presence of bed bugs, you must have your
personal property and possessions treated according to accepted
treatment methods or procedures established by a licensed pest -
control professional. You must provide proof of such cleaning and
treatment to our satisfaction.
This Addendum is part of your Lease.
You are legally bound by this document. Please read it carefully.
Resident or Residents (all sign below) Owner or Owner's Representative (sign below)
tlZn
06/2024 du'i s&ta (Pe&4ou
(Name of Resident)
Date signed
(Name of Resident)
Date signed
(Name of Resident)
Date signed
(Name of Resident)
Date signed
(Name of Resident)
Date signed
(Name of Resident)
Date signed
You are entitled to receive a copy of this Addendum after it is fully signed. Keep it in a safe place.
09/12/2024
Date signed
TAA Official Statewide Form 23-JJ, Revised October, 2023
Copyright 2023, Texas Apartment Association, Inc.
IV I Blue Moon eSis;nature Services Document ID: 461730876 1
LEASE ADDENDUM FOR COMMUNICATION VIA TEXT
1. Addendum. This is an addendum to lease contract for Apt. No. in the
Apartments, TX
2. The Lease Agreement, as written, is all inclusive and binding to the Landlord and the Tenant(s) with the exception of the following amendments and/or revisions:
I/We understand and agree to the following:
By providing your mobile number and signing, this constitutes your signature to agree to receive recurring informational and marketing SMS/MMS text messages
from Weinstein Management Co., Inc. and/or its affiliates or agents to the number you provided, including such messages sent through an automatic dialing
system. Your consent is not a condition of purchasing any property, goods, or services. Depending on your mobile phone plan, standard messaging and data rates/
fees or other charges may apply. You can opt out from receiving SMS/MMS text messages by responding STOP to any message you receive. If you opt out, you
may receive one additional message confirming that your request has been processed.
The undersigned have read, understand, and will comply with this Agreement.
Cei U&-fta(tae&.sort
Signs -lures of All Residents Signature of Owner or Owner's Representative
09/06/2024
Date of Lease Contract
Iyl Blue Moon eSignature Services Document ID: 461730876
ADDENDUM - PAYMENT OF SALES, EXCISE AND USE TAX
APARTMENT UNIT DESCRIPTION. Apt. No.
(street address) in
(city) , TX (state) , 76107 (zip code).
LEASE CONTRACT DESCRIPTION. Lease Contract date• September 6, 2024
Owner's name: WMCi Dallas XI LLC dba Bexley at Left Bank
Residents (list all residents):
Resident shall be responsible for payment of any applicable federal, state and local taxes, including any sales, excise or use
taxes, assessed on any goods or services purchased, rented, leased or otherwise utilized by Resident at such rates as may be
determined by federal, state, or local authorities from time to time.
Resident(s)
(All residents must sign)
Owner or Owner's Representative
Date of Signing Addendum
09/06/2024
Date of Signing Addendum
09/12/2024
IV I Blue Moon eSiRnature Services Document ID: 461730876
PACKAGE ADDENDUM
APARTMENT UNIT DESCRIPTION. Apt. No
(street address) in
(city) , TX (state) , 76107 (Zip code).
LEASE CONTRACT DESCRIPTION. Lease Contract date- September 6, 2024
Owner's name: WMCi Dallas XI LLC dba Bexley at Left Bank
Residents (list all residents):
The Lease Agreement, as written, is all inclusive and binding to the Landlord and the Tenant(s) with the exception of the
following amendments and/or revisions:
I/We understand and agree to the following:
• We may refuse to accept any package on your behalf for any reason or no reason at all.
• As to any package for which we sign and/or receive on your behalf, you understand and agree that we have no duty to
notify you of our receipt of such package, nor do we have any duty to maintain, protect, or deliver said package to you,
nor do we have any duty to make said package available to you outside disclosed business hours. Any packages or
personal property delivered to us or stored by us shall be at your sole risk, and you assume all risks whatsoever
associated with any loss or damage to your packages and personal property.
• If available, carriers will deliver packages to a USPS Mail or Parcel Box, Package Locker, or designated Package Room. If
required for delivery, you agree to create and maintain any applicable accounts required to use a Package Locker and/or
Package Room. If you do not create and maintain the account, you are by default agreeing to make other arrangements
for delivery of any packages intended for your address.
• If Package Boxes, Lockers, or Rooms are unavailable, carriers are instructed to deliver parcels directly to individual
apartment home doors. Packages will not be accepted at the leasing office.
• For Packages not claimed from Package Lockers, Package Rooms, or other areas within 3 days we shall have the right to
dispose of such items by discarding them, delivering them to the Resident's apartment, returning them to the shipper, or
any other method selected at our sole discretion.
• We have the right to charge a fee to accept and/or store packages for any duration of time.
Continued on next page.
lyl Blue Moon esignature Services Document ID: 461730876 1
You, your guests, family, invitees, and agents hereby waive any and all claims against us or our agents of any nature
regarding or relating to any package or item received by us, including but not limited to, claims for theft, misplacing or
damaging any such package, except in the event of our or our agent's gross negligence or willful misconduct. You also agree
to defend and indemnify us and our agents and hold us both harmless from any and all claims that may be brought by any
third party relating to any injury sustained relating to or arising from any package that we received on your behalf. You also
agree to indemnify us and our agents and hold us harmless from any damage caused to us or our agents by any package
received by us for you. You also authorize us to throw away or otherwise dispose of any package that we, in our sole
discretion, deem to be dangerous, noxious, or in the case of packaged food, spoiled, and waive any claim whatsoever
resulting from such disposal.
Resident(s)
(All residents must sign)
Owner or Owner's Representative
CPIPL&� Pe&4"
Date of Signing Addendum
09/06/2024
Date of Signing Addendum
09/12/2024
1Vf Blue Moon eSignature Services Document ID: 461730876 1
FORT WORTH
CITY OF FORT WORTH TENANT AND LANDLORD INSPECTION FORM
PROPERTYADDRESS
Print - Tenant's Name Performing the Inspection
Bexley at Left Bank
Print - Landlord's Name Performing the Inspection
Please list the names of all persons occupying the dwelling unit (other than overnight guests).
The City of Fort Worth Code of Ordinances requires a "Tenant and Landlord Inspection" of each dwelling in a multifamily dwelling complex.
The inspection of a dwelling unit shall be conducted by the landlord and the unit's tenant:
• 1) a minimum ofonce annually; and
• 2) when the occupancy of the dwelling changes.
THE TENANT MUST ANSWER THE FOLLOWING QUESTIONS BY CIRCLING EITHER YES OR NO.
YES -- NO Has the Landlord installed a smoke detector in this residence?
YES -- NO Did you check to make sure the smoke detector works?
YES -- NO If battery operated, do you know the Tenant must replace smoke detector batteries?
YES -- NO Do you know a portable barbecue or cooking appliance cannot be used on a balcony, walkway, landing or within
ten (10) feet of a combustible building?
YES --NO Do all electrical outlets, switches or lighting fixtures operate properly?
YES -- NO Have you seen exposed electrical wiring inside or outside the residence?
YES -- NO Have you noticed sewage leaking from inside or outside of the residence?
YES -- NO Have you noticed water leaking from inside or outside of the residence?
YES -- NO Are any of the drains clogged?
YES -- NO Have you noticed the odor of gas inside or outside of the residence?
YES-- NO Where evidence of infestation exists, has the dwelling been exterminated within the last 30 days?
YES -- NO Is there broken glass in the window or door frames?
YES -- NO Do the windows and doors lock properly?
YES -- NO is there a door viewer (peephole) installed in each exterior door?
YES -- NO Is there a keyless bolting device on exterior doors that doesn't require special knowledge or tools to open?
YES -- NO If a sliding door is present, is it equipped with a pin lock?
YES -- NO is the building marked with contrasting property address numbers?
YES -- NO is the dwelling unit number marked at the entrance to the unit?
YES -- NO Has the Landlord advised the tenant the appropriate way to report problems to the Landlord?
YES -- NO In case of an emergency, does the tenant have an evacuation plan?
Where isyour meetingplace?
If the Tenant disagrees with any notation made by the Landlord, the Landlord shall permit the Tenant to make comments on the space
below prior to signing it.
The Tenant has been advised to contact the following named property employee. Resident Service Center at telephone number
, where this employee can be contacted during any twenty-four period, to respond to
emergencies such as a fire, natural disaster, flood, collapse hazard, burst pipes or violent crime.
The Tenant has been advised: TO REPORT UNRESOLVED VIOLATIONS OF CITY CODE MAINTENANCE STANDARDS FOR
THESE PREMISES, CONTACT THE CODE COMPLIANCE DEPARTMENT AT 817-392-1234.
We the Tenant and Landlord confirm, the above inspection report reasonably depicts the general condition of apartment
address411 on
(MM/DD/YYYY).The Landlord must provide a copy of this signed form to the tenant. The Landlord
must maintain this form for a minimum of three (3) years, and make it available for examination by the Code Compliance Department.
Tenant's Signature Landlord's Signature
Iyl Blue Moon eiignature Services Document ID:461730876 1
CONSTRUCTION ACTIVITIES ADDENDUM
1. Addendum. This is an addendum to the TAA Lease Contract for Apt. No.
Texas OR
the house, duplex, etc. located at (street address)
Apartments in
in the
in , Texas
2. Purpose of Addendum. By signing this Addendum, you acknowledge that existing, ongoing, or future construction on the property may
affect your use, view, and enjoyment of such property.
3. Acknowledgment of Construction on Property. You acknowledge that the property, Including its common areas and apartments,
may currently or in the future, be under repair, renovation, improvement, or construction. We do not guarantee that the repair, renovation,
Improvement, or construction will be completed on a set date or time and therefore, are not under any obligation to have said repair,
renovation, Improvement, or construction completed by a set date or time. You also acknowledge that the repair, renovation, Improvement,
or construction does not represent a breach of our obligations under the Lease Contract.
4. Use of Amenities and Services. Repair, renovation, improvement, or construction at the property may create conditions where your
use of the property's amenities and services may be limited or not available. You agree to observe and follow any signage regarding
construction placed on the property by us or our contractors. Various dangers that may be present include potentially harmful chemicals,
construction machinery, construction tools, nails, screws, falling debris, and other items that are typically found at construction sites. No
sign or form can contemplate or discuss every possible construction issue that could arise on a property, so you acknowledge and agree
that you will use your best judgment and common sense to avoid injuring yourself, your animals, or others as you enter or leave the
property.
S. Noise and Other Disturbances. Repair, renovation, improvement, or construction at or near the property may create noise or other
disturbances, and the property itself, or portions thereof, may be unfinished for some time with respect to landscaping, building exteriors,
interiors, amenities, walkways, lighting and the like. You acknowledge that these conditions may create inconveniences that may be
beyond our control. You agree that despite these inconveniences, your obligations set forth in the Lease, Including payment of rent, will
still be in effect.
6. No Offset of Rent. To the extent allowed by state law or local ordinance, you agree that any inconvenience associated with the repair,
renovation, improvement, or construction, such as, but not limited to, those disclosed herein, will not be deemed to offset your rent
obligations.
Y. Delay of Occupancy. You acknowledge that occupancy of the apartment may be delayed due to repair, renovation, improvement, or
construction of the property, including common areas and apartments. Such repair, renovation, improvement, or construction may cause
unforeseen delays due to scheduling conflicts, delay in permit issuance, acts of God, and other things beyond our control. The Lease
will remain in effect subject to: (1) the start date of the term of the lease contract shall be changed to the first day that we provide you the
apartment for occupancy, and rent shall be abated until occupancy is provided; and (2) your right to terminate as set forth in your Lease
under DELAY OF OCCUPANCY, and in accordance with applicable state law or local ordinance.
You knowingly and voluntarily accept the risks of delays and the apartment not being ready for occupancy on the date set forth in the
Lease. You agree that our failure to have the apartment ready on the set date in the Lease due to a repair, renovation, improvement,
or construction delay does not constitute a willful failure to deliver possession of the apartment or entitle you to any other form of credit,
discount or other compensation. We agree that rent will not commence under the Lease until possession is delivered to you.
S. Displacement. In the event Resident must be displaced from the apartment that is the subject of the Lease Contract due to repair,
renovation, improvement, or construction in or around the apartment, Owner, at Owner's sole option, shall transfer Resident to another
apartment within the apartment community that is not affected by the repair, renovation, improvement, or construction or shall provide
appropriate comparable accommodations for Resident. However, in the event of Resident's displacement and subsequent re -location, the
terms of the Lease Contract, including but not limited to the payment of rent, shall remain in full force and effect.
9. Severability. If any provision of this Lease Contract is invalid or unenforceable under applicable law, such provision shall be Ineffective
to the extent of such invalidity or unenforceability only without invalidating or otherwise affecting the remainder of this Lease Contract. The
court shall Interpret the lease contract and provisions herein in a manner such as to uphold the valid portions of this Lease Contract while
preserving the intent of the parties.
10. Release and Waiver of Claims. Neither we nor any of our agents, employees, management company, its agents, or its
employees shall be liable for any damage or injury to you, your invitees, your licensees, your occupants, or your guests that
results from any condition related to the construction that is occurring on the property. This release is of and from any and
all claims, controversies, disputes, actions, demands, causes of action, or liability of every kind and description, known or
unknown, at law or in equity, which you or they had in the past, now have, or may hereafter have in the future against us or our
management company or either of their agents or employees arising out of orin any way connected, directly or indirectly, with
the construction that is occurring on the property.
11. Special Provisions. The following special provisions control over conflicting provisions of this printed form
Signatures of All
(JwU ina 6k&,ioti
Signature of Owner or Owner's Representative
Texas Apartment Association
iv' Blue Moon eSignature Services Document ID: 461730876 1
E-SIGNATURE CERTIFICATE .t ��
This certificate details the actions recorded during the signing of this Document l moon
Christina Peterson
signer key: 444bdb85bcc734fl16c5acacf06c0f2f
IP address: 159.63.130.250
signing method: Blue Moon eSignature Services
authentication method: eSignature by email bexleyleftbankoffice@welnste[nproperties.com
Cam, P&,sm
(Assistant Manager)
DOCUMENT AUDIT
1
09/06/24 02:54:31 PM CDT
DOCUMENT AUDIT CONTINUED
12
09/06/2402:55:55 PM CDT
34
09/12/24 03:14:19 PM CDT
Christina Peterson accepted Consumer Disclosure
35
09/12/24 03:14:19 PM CDT
Christina Peterson signed Flood Disclosure Notice
36
09/12/24 03:14:19 PM CDT
Christina Peterson dated Flood Disclosure Notice
37
09/12/24 03:14:19 PM CDT
Christina Peterson signed Apartment Lease Form
38
09/12/24 03:14:19 PM CDT
Christina Peterson signed Community Policies Addendum
39
09/12/24 03:14:19 PM CDT
Christina Peterson signed Animal Addendum
40
09/12/24 03:14:19 PM CDT
Christina Peterson dated Animal Addendum
41
09/12/24 03:14:19 PM CDT
Christina Peterson signed Animal Addendum Special Provisions (Continued from Animal Addendum
42
09/12/24 03:14:19 PM CDT
Christina Peterson signed Insurance Addendum
43
09/12/24 03:14:19 PM CDT
Christina Peterson signed Personal Liability Insurance Addendum
44
09/12/24 03:14:19 PM CDT
Christina Peterson dated Personal Liability Insurance Addendum
45
09/12/24 03:14:19 PM CDT
Christina Peterson signed Fitness and Business Center Rules and Regulations
46
09/12/24 03:14:19 PM CDT
Christina Peterson signed Lease Addendum for Access Control Devices
47
09/12/24 03:14:19 PM CDT
Christina Peterson signed Lease Addendum Regarding Smoking
48
09/1212403:14:19 PM CDT
Christina Peterson signed Satellite Dish or Antenna Addendum
49
09/12/24 03:14:19 PM CDT
Christina Peterson signed Water/Wastewater Submetering Addendum
50
09/12/24 03:14:19 PM CDT
Christina Peterson signed Addendum For Allocating Natural Gas Costs Formula
51
09/12/24 03:14:19 PM CDT
Christina Peterson signed Lease Addendum for Trash Removal and Recycling Costs - Flat Fee
52
09/12/24 03:14:19 PM CDT
Christina Peterson signed Valet Trash Addendum
53
09/12/24 03:14:19 PM CDT
Christina Peterson signed Lease Addendum for Allocating Services and Government Fees
54
09/12/24 03:14:19 PM CDT
Christina Peterson signed Mold Information and Prevention Addendum
55
09/12/24 03:14:19 PM CDT
Christina Peterson dated Mold Information and Prevention Addendum
56
09/12/24 03:14:19 PM CDT
Christina Peterson signed Bed Bug Addendum
57
09/12/24 03:14:19 PM CDT
Christina Peterson dated Bed Bug Addendum
58
09/12/24 03:14:19 PM CDT
Christina Peterson signed Lease Addendum For Communication Via Text
DOCUMENT AUDIT CONTINUED
59
09/12/24 03:14:19 PM CDT
Christina Peterson signed Addendum - Payment of Sales, Excise and Use Tax
60
09/12/24 03:14:19 PM CDT
Christina Peterson dated Addendum - Payment of Sales, Excise and Use Tax
61
09/12/24 03;14:19 PM CDT
Christina Peterson signed Package Addendum
62
09/12/24 03:14:19 PM CDT
Christina Peterson dated Package Addendum
63
09/12/24 03:14:19 PM CDT
Christina Peterson signed Fort Worth Tenant and Landlord Inspection Form
64
09/12/24 03:14:19 PM CDT
Christina Peterson signed Construction Activities Addendum
65
09/12/24 03:14:19 PM CDT
Christina Peterson submitted signed documents
M&C Review Page 1 of 6
A
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGEND FORi
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 YES
HEARING:
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.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=32258&councildate=6/25/2024 7/8/2024
M&C Review
Page 2 of 6
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 I PROGRAM AMOUNT
GOAL
Housing Channel Affordable Housing (Housing Counseling & $111,000.00
Education
Meals -On -Wheels, Inc. of Aging In Place Nutrition Program $75,000.00
Tarrant County
Increasing Access to
Sixty and Better, Inc. Aging In Place Basic Needs for Senior $50,000.00
Adults
AB Christian Learning Center Children and Youth Out of School Time $90,000.00
Services Program
IJ $80,000.00
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Boys & Girls Clubs of Greater Children and Youth IYouth Development at
Tarrant County, Inc.
Services
JEastside Branch
Camp Fire First Texas
Children and YouthServices
Teens In Action
$78,300.00
Girls Incorporated of Tarrant
Children and Youth
Girls Inc. of Tarrant
$100,000.00
County
Services
County
Junior Achievement of the
Children and Youth
Cradle to Career
$50,000.00
Chisholm Trail, Inc.
Services
Initiative
United Community Centers,
Children and Youth
Holistic Educational
$90,000.00
Inc.
Services
Literacy Program
Easter Seals North Texas, Inc.
Economic Empowerment
and Financial Resilience
Employment Services
$60,000.00
Taste Project
Economic Empowerment
Culinary Workforce
$25,000.00
and Financial Resilience
Development Program
The Ladder Alliance
Economic Empowerment
Tarrant County
Workforce
$81,731.00
and Financial Resilience
Development
The Women's Center of Tarrant Economic Empowerment
(Employment Solutions
$60,000.00
County, Inc.
and Financial Resilience
Your Harvest House, Inc.
Economic Empowerment
and Financial Resilience
Client Aid Services
$25,000.00
Healthy Living and
Increasing Health
Cancer Care Services
Wellness
Equity by Decreasing
$50,000.00
Health Disparities
Tarrant Area Food Bank
Healthy Living and
Wellness
Home Delivery
$25,000.00
1CDBG Public Services Agencies Total
11$1,051,031.001
Rehabilitation, Education and
Accessibility
Advocacy for Citizens with
Improvements
Project Ramp
$165,000.00
Handicaps dba REACH, Inc.
Fort Worth Area Habitat for
Housing Preservation
Humanity, Inc. DBA Trinity
and Rehabilitation
Cowtown Brush Up
$455,000.00
Habitat for Humanity
1CDBG Subrecipient Agencies Total
11 $620,000.001
TOTAL CDBG CONTRACTS
11$1,671,031.001
Housing Opportunities for Persons with AIDS Contracts
TABLE 2: HOPWA AGENCIES
AGENCY CONSOLIDATED PLAN
GOAL
AIDS Outreach Homelessness Prevention
Center, Inc. and Special Needs
Support
PROGRAM
The Housing Assistance
Program
- Administration, Tenant -
Based Rental Assistance
(TBRA), Short -Term
Rent, Mortgage, and
Utility Assistance
AMOUNT
$326,781.00
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Tarrant County
Samaritan Housing,
Inc.
Homelessness Prevention
and Special Needs
Support
TOTAL HOPWA CONTRACTS
Emergency Solutions Grants Contracts
(STRMU), Supportive
Services
HOPWA Program -
Administration, Tenant -
Based Rental Assistance
(TBRA), Short -Term
Rent, Mortgage, and
Utility Assistance
(STRMU), Supportive
Services, Facility -Based
Operations (FBO)
TABLE 3: ESG AGENCIES
AGENCY CONSOLIDATED PLAN PROGAM
GOAL
The Presbyterian Night
Homelessness Prevention and
Shelter
Shelter of Tarrant County,
Special Needs Support
Operations/Services
Inc.
Lighthouse for the
Homelessness Prevention and
Day Shelter
Homeless dba True Worth
Special Needs Support
Operations/Services
Place
SafeHaven of Tarrant
Homelessness Prevention and
Shelter
County
Special Needs Support
Operations/Services
Center for Transforming
Homelessness Prevention and
Rapid Re -Housing
Lives
Special Needs Support
The Salvation Army
Homelessness Prevention and
Homelessness
Special Needs Support
Prevention
TOTAL ESG CONTRACTS
All figures have been rounded
to the nearest dollar for presentation
purposes.
$1,300,000.00
$1,626,781.001
AMOUNT
$127,345.00
$138,851.00
$75,000.00
$75,901.00
��$151,563.00�
II$568,660.001
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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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
Fund Department Account Project Program Activity Budget Reference # Amount
ID I ID Year (Chartfield 2)
FROM
Fund I Department Account Project Program Activity Budget I Reference # Amount
ID ID I Year (Chartfield 2)
Submitted for Citv Manaqer's Office bv:
Oriqinatinq Department Head:
Additional Information Contact:
Fernando Costa (6122)
Kacey Bess (8187)
Sharon Burkley (5785)
Rhonda Hinz (2573)
ATTACHMENTS
19NS ACTION PLAN 2024 Aaencv Form 1295 Forms.Ddf (CFW Internal)
2024-2025 Action Plan Secretary of State Filinas.Ddf (CFW Internal)
Action Plan Budget -Staff Recommendations 052924.DDtx (CFW Internal)
IR 2024-2025 ACTION PLAN.docx (CFW Internal)
ORD.APP192024-2025 ACTION PLANFY24 AO(r7).docx (Public)
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A
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGEND FORi
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 YES
HEARING:
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 I PROGRAM AMOUNT
GOAL
Housing Channel Affordable Housing (Housing Counseling & $111,000.00
Education
Meals -On -Wheels, Inc. of Aging In Place Nutrition Program $75,000.00
Tarrant County
Increasing Access to
Sixty and Better, Inc. Aging In Place Basic Needs for Senior $50,000.00
Adults
AB Christian Learning Center Children and Youth Out of School Time $90,000.00
Services Program
IJ $80,000.00
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Boys & Girls Clubs of Greater Children and Youth IYouth Development at
Tarrant County, Inc.
Services
JEastside Branch
Camp Fire First Texas
Children and YouthServices
Teens In Action
$78,300.00
Girls Incorporated of Tarrant
Children and Youth
Girls Inc. of Tarrant
$100,000.00
County
Services
County
Junior Achievement of the
Children and Youth
Cradle to Career
$50,000.00
Chisholm Trail, Inc.
Services
Initiative
United Community Centers,
Children and Youth
Holistic Educational
$90,000.00
Inc.
Services
Literacy Program
Easter Seals North Texas, Inc.
Economic Empowerment
and Financial Resilience
Employment Services
$60,000.00
Taste Project
Economic Empowerment
Culinary Workforce
$25,000.00
and Financial Resilience
Development Program
The Ladder Alliance
Economic Empowerment
Tarrant County
Workforce
$81,731.00
and Financial Resilience
Development
The Women's Center of Tarrant Economic Empowerment
(Employment Solutions
$60,000.00
County, Inc.
and Financial Resilience
Your Harvest House, Inc.
Economic Empowerment
and Financial Resilience
Client Aid Services
$25,000.00
Healthy Living and
Increasing Health
Cancer Care Services
Wellness
Equity by Decreasing
$50,000.00
Health Disparities
Tarrant Area Food Bank
Healthy Living and
Wellness
Home Delivery
$25,000.00
1CDBG Public Services Agencies Total
11$1,051,031.001
Rehabilitation, Education and
Accessibility
Advocacy for Citizens with
Improvements
Project Ramp
$165,000.00
Handicaps dba REACH, Inc.
Fort Worth Area Habitat for
Housing Preservation
Humanity, Inc. DBA Trinity
and Rehabilitation
Cowtown Brush Up
$455,000.00
Habitat for Humanity
1CDBG Subrecipient Agencies Total
11 $620,000.001
TOTAL CDBG CONTRACTS
11$1,671,031.001
Housing Opportunities for Persons with AIDS Contracts
TABLE 2: HOPWA AGENCIES
AGENCY CONSOLIDATED PLAN
GOAL
AIDS Outreach Homelessness Prevention
Center, Inc. and Special Needs
Support
PROGRAM
The Housing Assistance
Program
- Administration, Tenant -
Based Rental Assistance
(TBRA), Short -Term
Rent, Mortgage, and
Utility Assistance
AMOUNT
$326,781.00
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Tarrant County
Samaritan Housing,
Inc.
Homelessness Prevention
and Special Needs
Support
TOTAL HOPWA CONTRACTS
Emergency Solutions Grants Contracts
(STRMU), Supportive
Services
HOPWA Program -
Administration, Tenant -
Based Rental Assistance
(TBRA), Short -Term
Rent, Mortgage, and
Utility Assistance
(STRMU), Supportive
Services, Facility -Based
Operations (FBO)
TABLE 3: ESG AGENCIES
AGENCY CONSOLIDATED PLAN PROGAM
GOAL
The Presbyterian Night
Homelessness Prevention and
Shelter
Shelter of Tarrant County,
Special Needs Support
Operations/Services
Inc.
Lighthouse for the
Homelessness Prevention and
Day Shelter
Homeless dba True Worth
Special Needs Support
Operations/Services
Place
SafeHaven of Tarrant
Homelessness Prevention and
Shelter
County
Special Needs Support
Operations/Services
Center for Transforming
Homelessness Prevention and
Rapid Re -Housing
Lives
Special Needs Support
The Salvation Army
Homelessness Prevention and
Homelessness
Special Needs Support
Prevention
TOTAL ESG CONTRACTS
All figures have been rounded
to the nearest dollar for presentation
purposes.
$1,300,000.00
$1,626,781.001
AMOUNT
$127,345.00
$138,851.00
$75,000.00
$75,901.00
��$151,563.00�
II$568,660.001
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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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
Fund Department Account Project Program Activity Budget Reference # Amount
ID I ID Year (Chartfield 2)
FROM
Fund I Department Account Project Program Activity Budget I Reference # Amount
ID ID I Year (Chartfield 2)
Submitted for Citv Manaqer's Office bv:
Oriqinatinq Department Head:
Additional Information Contact:
Fernando Costa (6122)
Kacey Bess (8187)
Sharon Burkley (5785)
Rhonda Hinz (2573)
ATTACHMENTS
19NS ACTION PLAN 2024 Aaencv Form 1295 Forms.Ddf (CFW Internal)
2024-2025 Action Plan Secretary of State Filinas.Ddf (CFW Internal)
Action Plan Budget -Staff Recommendations 052924.DDtx (CFW Internal)
IR 2024-2025 ACTION PLAN.docx (CFW Internal)
ORD.APP192024-2025 ACTION PLANFY24 AO(r7).docx (Public)
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