HomeMy WebLinkAbout060173-R2A2 - General - Contract - TS Asset Encore LLCCSC No. 60173-R2A2
RENEWAL TWO AND AMENDMENT TWO
TO CITY OF FORT WORTH CONTRACT NO. 60173
This Contract Renewal and Amendment is made and entered into by and between the City of
Fort Worth ("City"), and TS ASSET ENCORE LLC ("Landlord"), each individually referred to
as a"Party" and collectively referred to as the "Parties."
RECITALS
WHEREAS, the City entered into an agreement with the Landlord for rental assistance
for a named tenant, City Secretary Office (CSO) Contract No. 60173 (the "Agreement");
WHEREAS, ("Tenant") is a participant in the City's rental assistance
program; and
WHEREAS, the Parties wish to renew and amend the Agreement as described below,
including an amendment to: (1) restructure Section 3.2.1; (2) incorporate rental obligations for the
Second Renewal Term; and (3) incorporate Section 4.2.3 HUD Program Year Funding to the
Agreement.
NOW THEREFORE, City and Landlord do hereby agree as follows:
I
RENEWAL OF AGREEMENT
The Parties agree to renew the Agreement for an additional one year-term beginning
September 8, 2025, and expiring September 30, 2026 ("Second Renewal Term") unless earlier
terminated in accordance with the terms of the Agreement.
II
AMENDMENTS TO AGREEMENT
1. Section 3.2.1 of the Agreement is hereby deleted in its entirety and
restructured to read as follows:
3.2.1 Rent.
Initial Term:
• The City has been notified that the Tenant's Total Rent during the Initial Term is $1,125.00
per month for the Unit.
• Tenant shall be responsible for $0.00 for the month of September 2023.
• Tenant shall be responsible for $204.00 of rent per month from October 1, 2023 to August
31, 2024.
• Tenant shall be responsible for $54.00 prorated rent from September 1, 2024 to September
g, 2'O2'4. OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CSC No. 60173- Renewal Two and Amendment Two Page 1 of 6
CoFW and TS ASSET ENCORE LLC
• The City shall be responsible for $600.00 in prorated rent for the month of September 2023.
• The City shall be responsible for $921.00 per month from October 1, 2023 to August 31,
2024.
• The City shall be responsible for $246.00 in prorated rent from September 1, 2024 to
September 8, 2024.
First Renewal Term:
• The City has been notified that the Tenant's Total Rent during the First Renewal Term is
$1,150.00 per month for the Unit.
• Tenant shall be responsible for $172.00 prorated rent from September 9, 2024 to September
30, 2024.
• The Tenant shall be responsible for $234.00 of rent per month from October 1, 2024 to
August 31, 2025.
• The Tenant shall be responsible for $55.00 prorated rent from September 1, 2025 to
September 7, 2025.
• The City shall be responsible for $752.00 in prorated rent from September 9, 2024 to
September 30, 2024.
• The City shall be responsible for $916.00 of rent per month from October 1, 2024 to August
31, 2025.
• The City shall be responsible for $213.33 in prorated rent from September 1, 2025 to
September 7, 2025.
Second Renewal Term:
• The City has been notified that the Tenant's Total Rent during the Second Renewal Term
is $1,200.00 per month for the Unit.
• Tenant shall be responsible for $177.00 in prorated rent from September 8, 2025 to
September 30, 2025 for the Unit.
• The Tenant shall be responsible for $230.00 rent per month from October 1, 2025 to
September 30, 2026.
• The City shall be responsible for $743.00 in prorated rent from September 8, 2025 to
September 30, 2025.
• The City shall be responsible for $970.00 of rent per month from October 1, 2025 to
September 30, 2026.
A complete history of rental obligations due under this Agreement, per lease term, is
included in Attachment A, Neither City nor HUD assumes any obligation for the Tenant's
Portion of the rent, or for payment of any claim by Landlord against Tenant. The City's sole
obligation is limited to paying the City portion of the rent in accordance with this Agreement.
Tenant shall be liable for rent, payments, and other fees associated with the Unit and City shall not
be obligated by law or in equity for any amount other than the City Portion.
2. Section 4.2 of the Agreement, Termination of Landlord Services Agreement, has
been restructured to incorporate subsection 4.2.3, HUD Program Year Funding. Section
4.2.3 will read as follows:
CSC No. 60173- Renewal Two and Amendment Two Page 2 of 6
CoFW and TS ASSET ENCORE LLC
4.2.3 HUD Pro�ram Year Fundin�. 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.
III.
All terms and conditions of the Agreement not amended herein remain unaffected and in
full force and effect, are binding on the Parties and are hereby ratified by the Parties.
[SIGNATURE PAGE FOLLOWS]
CSC No. 60173- Renewal Two and Amendment Two Page 3 of 6
CoFW and TS ASSET ENCORE LLC
IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective June
1, 2025.
FOR CITY OF FORT WORTH:
7z� ,, .��� �G�
Dana Burghdoff (Sep 15, 2075 102 . 8 CDT)
Name: Dana Burghdoff
Title: Assistant City Manager
FOR LANDLORD:
fCa�t� Lc�L
Ka���a �opez (sep iz, zozs ii:ih:zs cor)
Name: Karina Lopez
Title: Landlord
09/15/2025
Date:
APPROVAL RECOMMENDED
�►�, a�
Kacey Thomas (Sep 12, 2025 1623:39 CDT)
09/12/2025
Date:
Name: Kacey Thomas
Title: Neighborhood Services Director
APPROVED AS TO FORM AND
LEGALITY
Sopl�re Matl�ew,t
ATTEST:
\,��]���C�*-R. /�l .�tL�'
U
aFn
Poonr°°aa
Fo°° °o !y a
a� pda
p°r`o �o9-�C
OVo o=P
COa'�O °o*o
pdQ4 pEXPsa4b
Name: Sophie Mathews
Title: Assistant City Attorney
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.
.Tulie C. Pena
Julie C. Pena (Sep 12, 2025 ll20:57 CDT)
Name: Julie C. Pena, MSW
Title: Sr. Human Services Specialist
Name: Jannette Goodall
Title: City Secretary
09/15/2025
Date:
M&C No.: 25-0676
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CSC No. 60173- Renewal Two and Amendment Two Page 4 of 6
CoFW and TS ASSET ENCORE LLC
Attachment A
History of Rental Obligations by Lease Term
Lease Term
Initial Term
First Renewal
Second Renewal
Total Rent
$1125.00
$1,150.00
$1,200.00
Tenant's Portion
From September 8,
2023 to September
30, 2023:
$0.00
From October 1,
2023 to August 31,
2024:
$204.00
From September 1,
2024 to September
8, 2024:
$54.00
From September 9,
2024 to September
30, 2024:
$172.00
From October 1,
2024 to August 31,
2025:
$234.00
From September 1,
2025 to September
7, 2025:
$55.00
From September 8,
2025 to September
30, 2025:
$177.00
From October 1,
2025 to September
30, 2026:
$230.00
City's Portion
From September 8,
2023 to September
30, 2023:
$600.00
From October 1,
2023 to August 31,
2024:
$921.00
From September 1,
2024 to September
8, 2024:
$246.00
From September 9,
2024 to September
30, 2024:
$752.00
From October 1,
2024 to August 31,
2025:
$916.00
From September 1,
2025 to September
7, 2025:
$213.33
From September 8,
2025 to September
30, 2025:
$743.00
From October 1,
2025 to September
30, 2026:
$970.00
CSC No. 60173- Renewal Two and Amendment Two Page 5 of 6
CoFW and TS ASSET ENCORE LLC
EXHIBIT A
COPY OF LEASE AGREEMENT
CSC No. 60173- Renewal Two and Amendment Two Page 6 of 6
CoFW and TS ASSET ENCORE LLC
:�I � �� This Lease is vplyd only iffilled outbeforeJanuary 1, 20Z6.
� �.;� 4� �,�,« � a��-� �,5,� �� "�,� �. Apartment Lease Contract
This is a binding contra<t. 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.
�ART➢ES
Residents
Owner �ncore on Mustanq
Occupants
LEASE DETAILS
.�.,��. , ,.� .���,.�.�.., ,.� .� �..,. ,. � .,. ., ,w. ...��.Y..,. ....�..,�.�,_.m__.�, Wo�:�y ,e.v:., �„��„.,.�,..,, �,.,. . ,.,.o,__u...:.�
A. Apartment {Par. 2►
B.InitialLeaseTerm. Beginr
C. Monthly Base Rent (Par.31
$ 1200
D. Prorated Rent �
y—}e�-:"sa"' �Z�U
9,1 due#ortheremainderoftst
month or
O for 2nd month
09/08/2025
E. Security Deposit (Par.5)
$ 0.00
Note tirat this nmount does n ot
include anyAnimalDeposit, which
woul d be refl ecfed in an Animal
Addendum.
Ends at 11:59 p.m. on: 09/30/2026
F. Noti[e of Termination or Mtent to Move Out (Par. 4)
Aminimumof 60 days'writtennoticeof
termination or intent to move out required at end Of infYfal Lease
term orduring renewal period
IfThe number ofdays isn'f filled in, notire of at least 30 days
is required.
G.Late Fees�Par.3.3)
Initial Late Fee Daily Late Fee
� 10 %of one month's monthly base rent or ❑ o/o of one month's monthly base rent for _
� S � $ _ for days
Due if rent unpaid by 11:59 p.m. on the 3rd (3rd or greaier) day of the month
F{. Returned Check or Rejected � 1. Early Termination Fee Option jPar. 7.2)
Payment Fee lPar. 3.4) �
$ 75. 00 , Notice of 60 days is required.
You are not eligible for early termination if
I.RelettingCharge(Par.7.1) youareindefa�lt.
Arelettin char eofS 1199.2p Feemustbepaidno laterthan
9 9 daysafteryougiveusnotice
(nottoexceed85%ofthehighest lfnnyvaluesornwnberofdnysoreblqnkor"0,"
monthlyRenfduringtheLeasetermJ �henthissectiondoesnotapply.
may be charged in certain default
situations
K. Violation Charges
days or
Animal Violation (Par.12.2}
Initial charge of $ 100 , 00 per animal (not
to exceed $10o Per animap and
Adailychargeof$ i0.00 peranimal ,
(not to exceed 510 per day per animap
Insurance Violation (Master Lease Addendum �,
orotherseparateaddendum) �
$ 150.00 -
L. Additional Rent- Monthly Recurring Fixed Charges. You will pay separately forthese items as outlined below and/or in separate addenda,
Special Provisions or an amendmentto this Lease. �
Animal rent $ 25. 00 Cable/satellite $ Internet 5
;� Packageservice $ Pestcontrol $ 7.00 Smrmwater/drainage $
Trash service $ 15 . 00 Washer/Dryer $
Other: �enity £ee 5 15.00
'' Other: Reserved Parkinq $ 55.00
` Othec Risk Fee (one time—Non—Refundable Fee) $
Other:Packaqe Service Set Up Fee (one time fee) S 35.00
M. Utilities and Other Variable Charges. You will pay separately for gas, water, wastewater, electricity, trash/recyding, util ity billing fees and other
items as outlined in separate addenda, Special Provisions or an amendmentto this Lease.
Utility Connection Charge or Transfer Fee: $ 50 . 00 (not to exceed $SO) to be paid within 5 days of written notice (Par.3.5)
N.OtherCharges and Requirements. You will pay separatelyforthese items or mmply with fhese requirements as outlined in a Master Lease
�Addendum, separate addenda orSpecial Provisions. Initial Access Device: $___
� Additiona! or Replacement Access Devices: S Required Insurance Liability Limit (per occurrence�: $ 100000 . 00
� Special Provisions. See Par.32 or additional addenda aTtached.7his Lease cannot be changed un€ess in writing and signed by you and us.
Apar[men[ Lease Con[ract ��2023, Texas Apartment Asso/cia[ion, Inc Page 7 oE G
�V � Blue Moon e5i,�nature Services Document ID: 528i 30583 �
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1. Definitions.The following terms are commonly used in this Lease:
1.1. "Residents" are those listed in "Residents" above who sign
this Lease and are authorized to live in the apartment.
1.2.
1.3.
1.4.
1.5.
1.6.
1.7.
"Oaupants" are those listed in this Lease who are also airtho-
rized to live in the apartment, but who do not sign this Lease.
"Owner" may be identified by an assumed name and is the
owner only and not property managers or anyone else.
"Including" in this Lease means "including but not limited to"
"Community Policies" arethe written apartment rules and
policies, induding property signage and instrudions for
care of our property and amenities, with which you, your
occupants, and your guests must comply.
"RenY' is monthly base rent plus additional monFhly
recurring fixed charges.
"Lease" indudes this document, any addenda and
attachments. Community Policies and Special Provisions.
Apartment. You are leasing the apartment listed abovefor use as a
private residence only.
2.1. Access.InaccordancewiththisLease,you'llreceiveaccess
information or devices for your apartment and mailbox, and
other access devices induding:
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.Youagreethatdesignationsoraccredi-
tations associated with the property are subject to change.
3. Rent.YaumustpayyourRentonorbeforethelstdayofeach
month (due date) withau[ demand. There are no exceptioos
regarding the pnymen t of Rent, and you agree no t paying Ren t on
orbeforethe Istofeachmonthisamaferial6reachofthisLease.
3.1.
3.2
33.
3.4
3.5
3.6.
Payments. You will pay your Rent by any method, manner
and place we specify in aaordance with this Lease.
Cash is not acceptable wifho ut our prior wrrtten
permission. You cannot with I�old o� offset Rent unless
autborized bylaw. We may, at our option, require at any
time that you pay Rent and other sums cfue in one single
payment by any method we speclfy.
Application of Payments. Payment of each sum due is an
independent covenant, which means payments are due
regardlessofourperformance. Whenwereceivemoney,
other than water and wastewater payments subjed to
govemment regulation, we may apply it at our option and
without noCice first to any of your unpaid obligations, then
to accrued rent. We may do 5o regardless of notations on
d�ecks or money orders and regardless of when the
obligations arose. All sums other than Rent and late fees are
due upon our demand. After the due date, we do not have
to accept any payments.
Late Fees. If we don't receive your monthly base rent in full
when it's due, you must pay late fees as outlined in Lease Details.
Returned Payment Fee. You'll pay the fee Hsted in Lease
Details for each returned �heck or rejected eledronit
payment, plus initial and daily late fees if applicable, until
we rewive full payment in an acceptable method.
Utilitiesand Serviws. You'If payfor all utilities and services,
related deposits, and any charges or fees when they are due
and as outlined in this Lease. Television channels that are
provided may be changed during ihe Lease term ifthe
change applies to all residents.
If your electricity is interrupted, you must use only ba#tery-
operated lighcing (no flames�. You must not allow any
utilities (other than cable or Internet) to be cut off or
switched for any reason—induding dismnnedion for not
paying your bills— until the Lease term or renewal period
ends. If a utility is individually metered, it must be connected
in your name and you must notify the provider ofyour move-
out date. If you delay getting service turned on in your name
by this Lease's rtart date or cause it to be transferred back into
our name before you surrenderor abandon the apartment,
you'll be liable forthe charge listed above (not to exceed $56
per billing period), plus the acwal or estimated �ostofthe
uYilities used while the utility should have been billed to you.
Ifyour apartment is individually metered and you change
your retail electric provider, you rnust give us written notice.
You must pay all applicable provider fees, induding any fees
to change service back into our name afteryou move out.
Lease Changes. Lease changesare only allowed during the
Lease term or renewal period lf govemed by Par.10, specified
in Special Provisions in Par. 32, or bya written addendum or
amendmeM signed by you and us. At or after the end ofthe
initial Lease term, Rent increases will bemme effective with at
least 5 days plus the number of days' advance notice mntained
in Box F on page 7 in writing from us to you. Your new Lease,
which may indude increased Rent or Lease changes, will begin
on the date sta#ed in any advance noticewe provida (witl�oui
needing your signature� unless you give us written move-out
notice under Par. 25, which applies only to the end ofYhe current
Lease term or renewal period.
4. AutomaticLeaseRenewalandNoticeofTermination.ThisLease
will autanatically renew month-to-month unless either party gives
written notice oftermination or intentto move out as required by Par.
25 and specified on page 1 Jfthe numberofdqys isn't filfed in, no-
tice of ntleas t 30 days is �equired.
5. SecurityDeposit.ThetotalsecunTydepositforallresidentsisdue
on or before the date this Lease is signed. Any animal deposit will �e
designated in an animal addendum. Security deposits may noY be ap-
plied to Rent without our prior written consent.
5.1. RefundsandDeductions.Youmustoiveusvouradvanca
notice o[ move out as orovided 6v Par. 25 and forwardinai
address in writinoto receive a written descriotion and
itemized list of charaes or refund. ln accordpnce with this
Lease and as allowed by la w, we may dedurt from your
security deposit any amounts due under ti�is Lease. lf vou
m ove out earlv or in resnonse to a natice to vacate. vou'll be
liable for rekevina ch� Upon receipt of your m ove-ou t
date and forwarding address in writing, ihe security deposit
will be retumed (less lawful dedudions) wfth an demized
accounting of any deductions, no laterthan 30 days after
surrender or abandonment, unless laws provide otherwise.
Any refund may be 6y one paymentjolntly payable to all
residents and distributed to any one residentwe choose,
ordistributed equally among all residenis.
6. Insurance.0urinsurancedoesn'tcoverthefossofordamagero
yourpersonalproperty. You will be required to have liability insur-
ance as specified in this Lease unless otherwise prohibited 6y 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 insuranw subrogation rights.
Even If not required, we urqe you to obtain your own insurance for
losses due to theft, fire, Flood, water, pipe leaks and similar occurreno-
es. Most renter'S insurance policies don't mver losses due to a flood.
7. Reletting and Early LeaseTermination. This Lease may not be ter-
minatec! earfy ex�ept as provided in this Lease.
7.1. RelettingCharge.You'llbeliableforarelettingchargea5
listed in Lease Details, (not Yo exceed 85�/ ofthe highest
monthly Rent during the Lease term) if you: (A) fail to move in,
orfail to give written move-out noYice as required In Pac 25;
(B) move out without paying Rent in full fprthe entire Lease
term or renewal period; (Q move out at our demand because
ofyourdefault; or (D) arejudfdally evicted.The relett'�ng
charge is not a termination, �ancellation or buyout fee and
does not release you from your obligations underthis Lease,
induding liability forfu[ure or past-due Rent, charges for
damage5 or oCher sums due.
7he reletting charge is a liquidated amount mvering only
part of our damages—for ourtime, effort, and expense in
finding and processing a replacement resident. These
damages are uncertain and hard to ascertain—particularly
fhose relating to imm�venience, paperwork, advertising,
showing apartments, utilities Forshowin9, thecking pros-
peds, overhead, marketing costs, and locamr-service fees.
You agree that the reletting charge is a reasonable estimate
ofourdamagesandthatthechargeisdue whetherornotour
reletting attempts wcwed.
7.2. Early LeaseTermination Option Procedure. In addition to
your termination rights referred to in 73 or S.1 below, ifthis
provision applies under Lease Details, you may opt to
terminate this Lease prior to the end of the Lease term ifall of
tfle followingoccur: (a) as outlined in Lease Details, you give
us written notice of earfy Cermination, pay the Early Termina-
tion Option fee in full and specify the date by which you'll
move out; (b) you are not in default at any time and do not
hold over; and �c) you repay all rent concessions, credits or
dlscounts you received during the Lease term. If you are in
default, the Lease remedies apply.
7.3. SpecialTerminationflights.Youmayhavetherighturtder
Texas law to terminate this Lease early in rertain situafions
involvingmilitary deployment ortrangfer, fpmily violen[e,
re�tain sexual oKenses, stalking or death af a sole resident.
8. DelayofOccupancy.Wearenotresponsibleforanydelayofyour
occupancy caused by constru�tion, repairs, cleaning, or a previous
residenYs holding over. This Lease will remain in for�e subject to
(1) abatement of Rent on a daily basis during delay, and (2) your right
to ierminate this Lease in wriiing as set forth below. Rent abatement
and Leasetermination do not apply if the delay is for cleaning or re-
pairs that don't prevent you from moving into the apartment.
8.7. TerminaYion. If we give written notice m you of a delay in
occupancy when or after t[�is Lease begins, you may termi-
nate this Lease within 3 days after you receive written notice.
If we give you written noYice before the date this Lease begins
and the notice states that a mnstrudion 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.
ApartmentLease Con[racF �2023, 7exas ApartmentAsso./'�tion, Inc Page 2 of5
��j Blue Moon eSi.�nature Services Document ID: 528130883'
9. Care of Unit and Damages. You must pwmptly pay or reimburse us
for loss, damage, mnsequential damages, government fines or charg-
es, or cost pf repairs or service in the apartment community because
of a Lease violation; improper use, negligence, or other conduct by
you, your invi[ees, your occu�ants, 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 ihey couldn't be mitigated by
your action or inaction.
Unless damage or wastewaterstoppage is due to ournegligence,
w¢'re not Iiable for—and you musf pa y for—repaers and replace-
ments occurring during [he Lease term orrenewal period, includ-
ing: (A) damage fram wastewaterstoppages caused byimproper
obJects inlines exclusivelyserving your apartmenh (B) damage to
doors, windows, orscreens; and (CJ damage from winGows or doors
left open.
�"�"d?�'a�.'��'�;a�r��t�'4�`f;��--i11;'�s�Ua-� �..!
10. CommunityPolicies.CommunityPoliciesbecomepartofthis
Lease andmust6e follawed. We may make changes, induding addi-
tions, to our written Community Policies, and those changes can be-
come effective immediately ifthe Community Policies are distributed
and applica6le to ali units in the apartment mmmunEty and do not
change tE�e 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. Disdosure of Information. At our sole option, we may,
but are not obligated m, share and use information related
to th is Lease for law-enforcement, governmental, or business
purposes. At our request, you authorize any utility provider to
give us information about pending or a�tual connections or
dismnnections of utility service to your apartment.
10.3. Cruests.Wemayexdudefromtheapartmentcommunity
any guests or others who, in our solejudgment, have been
violating the law, violating this Lease orour Community
Policies, or disturbing other residents, neighbors, visitors,
or owner represen[atives. We may also exclude from any
outside area orcommon 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 mmmunity.
Anyone noi listed in this Lease cannot stay in the
aparimentformorethan__7 daysinoneweek
without our prior written consent and no more tlzan Cwice
that many days in any one month. Ifthe previous space
im't filled in, 2 days total per week will be the limit.
10.4. Notice of Convictions and Registration. You must
notify us within 15 days if you or any of your occupants:
(A) are convided of any felony, (B) are convicted of any
misdemeanor involving a controlled substance, violence to
another person, or destruction of property, or (q register as a
sex offender. Informing us of a criminal conviction or
sex-offender registration doesn'twaive any rights we may
haveagainstyou.
i0.5. Odors, Noise and Constru[tion. You agree that odors
and smells (lnduding those related m woking),
everyday noises or sounds related to repair, renovation,
improvement, or construction ln or around the property
are all a normal part ofa multifamily living environment and
that lt is impractical for us to prevent them from penetrating
your apartment.
11. Conduct. You agree to communicate and conductyourself in a law-
ful, courteous and reasonable manner at all times when interacting
with us, our representatives and other residents or occupants. Any
ads of unlawful, discourteous or unreasonable wmmunication or
condud by you, your occupants or guests is a breach ofthis Lease.
You must use customary diligence in maintaining the apartment,
keeping it in a sanitary condition and not damaging or littering the
mmmon areas. Trash must be disposed of at least weekly. You will
use your apartment and all otherareas, induding any balconies, with
reasonable care. We may regulate the use of passageways, patios,
balconles, porches, and activities in common areas.
11.1. Prohibited Londuct. You, your occupants, and your guests
will not engage in certain prohibited condud, induding the
following activiiies:
�a) criminalconduct;manufacturing,dellvering,or
possessing a controlled substance or drug parapher-
nalia; engaging in orthreatening 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 i n the mmmon area, or in a way that
may alarm others
(b) behaving in a loud, o6noxious or dangero�s manner;
(c) disturbing or threatening the rights, mmfort, health, safety,
or mnvenience of others, induding us, our agents, orour
representatives;
Id) disrupting our business operations;
(e1 storinganythingindosetsmntainingwaterheatersor
gas appliances;
(f) tampering with utilities or Celecommunication
equipment;
(g) bringing hazardous materials into the apartmenC
community;
(h) usingwindowsforentryarexit;
(i) heatingtheapartmentwithgas-operatedappliances;
(j) making 6ad-faith orfalse allegations against us or our
agents co others;
(k) smoking of any kind, that is not in accordance with this
Lease;
(q using glass containers in or near pools; or
�m) conducting any kind of husiness (mduding ch'ild-care
services) in your apartment or in the apartment
mmmunity—exceptforanylawful business
conducted "at home" by computer, mail, or telephone if
customers, cEients, patients, employees or other
business associates do not come to your apartment
for 6usiness purposes.
12. Animals.Nolivirtgcrea[uresofanykindareallowed,eventempo-
rarily, anywhere in the apartment or apartment rommunity un-
less we've given writfen permission. If we allow an animal, you must
sign a separate Animal Addendum and, except as seF forth in the ad-
dendum, pay an animal deposit and applicable fees and additional
monthly rent, as applicable. An animal deposit is mnsidered a gener-
al security deposit You represent that any requests, statements and
representations you make, induding those for an assistance or sup-
port animal, are true, accurate and made in good faith. Feeding stray,
feral or wild animals is a breach of this Lease.
12.1
12.�
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
remo�e the animal within 24 hours; and (2) following the
procedures of Par. 14. We may: keep or kennel the animal;
tum the animal overto a humane society, local authority
or rescue organization; or return the animal to you if
we [o�sentto your requestto keep the animal and you
have mmpleted and signed an Animal Addendum and
paid all fees. When keeping or kenneling an animal, we
won't be liable for loss, harm, sickness, or death of the
animal unless due to our negligence. You must payfor
the animal's reasonable care and kenneling charges.
Uiolations of Animal Poli[ies and Charges. If you or
any guest or occupant violates the animal restrictions of
this Lease or our Community Policies, you'll be subject to
charges, damages, evidion, and other remedies
provided In this Lease, induding 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 deaning and repair costs,
induding defleaing, deodorizing, and shampooing. Initial
and daily animal-violation charges and animal-removal
charges are liquidated damages for our time,
imm�venience, and overhead in enforcing animal
restrictions and Commun[ty Policies.
13. Parking. You may not be guaranteed parkin9. We may regula#e the
time, manner, and place of parking of all motorized vehides and
other modes oftransportation, including bicydes and scooters, in
this �ease. In addition to other rights we have to tow or boot vehides
under state law, we also have the right to remove, at the expense of
the vehide owner or operator, any vehide that is not in compliance
with this Lease.
14. WhenWeMayEnterJfyouoranyotherresidentguestoroccupant
is present, then repair or service persons, contractors, law officers,
government representatives, lenders, appraisers, prospedive resi-
dents or buyers, insurance agents, persons authorized to enter under
your rental application, or our re�resentatives may peacefully enter
the apartment at reasonable timesfor reasonable business purposes.
If nobody is in the apartment, then any such person may enter peace-
fully and at reasona6le times (by breaking a window or other means
when necessary) for reasona6le business purposes if written notice of
the entry is left in a conspiaous place in the apartment immediately
after the entry_ We are under no obligation to enter onty when you
are present, and we may, but are not o6ligated to, give prior notiw or
make appointments.
ApartmentLeaseContractu2023,TexasApar�men�q`sr�r`rinn i� Page3of6
��� ��ue oon eSienature Services Document ID: 528130883'
15. Requests,RepairsandMalfunctions.
15.i. WrdttenRequestsRequired.lfyouoranyotcupanfneeds
to send arequest—for example, for repairs, installations,
services, ownership disdosure, orsecuriry-related mattera--
itmusf 6e written and delivered to ou�designated
�epresentative in accordance with this Lease (except far
fair-housing accommodation or modification req�ests or
situations involving imminent danger or threats to health or
safety, such asfire, smoke, gas, explosion, or crime in
progress).Our written noYes regarding your oral request do
not constitute a written requesifrom you. Our complying
with or responding to any oral request doesn't waive the stritt
req uirement for written notices under this Lease. A request
for maintenance or repair by anyone residing in your
apartmentconstitutes a requestirom all residents.7hetime,
manner, method and means af performing maintenance
and repairs, including whether or which vendors to use,
are within oursoJe discretion.
75.2. YourRequireroenttoNotify.Youmustpromptlynotifyusfn
writing of air conditioning or heating problems, water leaks or
moisiure, mold, electrical probfems, maEfunctioning 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 acmrding to this Lease. Air
conditioning prob[ems are normally not emergencies.
15.3. Utilities. We may change or instal! utility €ines or
equipment serving the apartment if the work is done
reasonably without substantially increasing your
utility msts.INe rnay turn off equipment and interrupt
utilities as needed to perForm work or io avoid
property damage or other emergencies. If �ti1€ties
malfunction or are damaged by fire, water, or similar
cause, you musc notify our representative immediately.
15.4. YourRemedies.We'llactwithcustomarydiligenceto
make repairs and reconnectionswithin a reasonable
time, taking into consideration when casualty-insuranc2
proceeds are received. Unless required by statute after
a casualtyloss, or during equipmenY repair, your Rent
wilf not abate irt whoie or in part. "Reasonable time"
accounts forthe severity and nature of the prvblem and
the reasonable avai lability of materials, labor, and
uti lities. If we fail to timelyrepai� a condition thut
materiallyaffects the physicaChealrh owsafetyofan
ordinaryresidentas required 6y the Te�cas PropertyCode,
you may 6e entitled to exercise remedies under § 92.056
and § 92.OSb1 of the Texas PropertyCode.lf you follow
rhe procedures under those sections, the following
remedies, among others, may be pvailable to you:
(T) te�mirtation ofthisLeaseand an appropriaferefund
under92,056(fl; (2) have the condition repaired or
remedied according to § 92.0561; (3) deductfrom the Rertt
thecostof therepairorremedyaccording to § 92.0561;
and 4) judicial remedies according to § 92.0563.
16. Our iiight to Terminate for Apartment Community Damage or
Closure. [f,inoursolejudgment,damagestotheunitorbuildingare
significant or performance ofneeded repairs poses a dangertoyou,
we may terminate this Lease and your right to possession by giving
you at least 7 days' written noticeJf term inati on ouurs, you agree
we'll refund on[y proraYed rent and al9 deposits, minus lawful deduc-
tions. We may remove and dispose of your personal �roperty if, En
our sole judgment, it causes a health or safety hazard or impedes our
abilityto make repairs.
76.7. PropertyC[osure.Wealsohavetfierighttoterminate
this Lease and your right to possession by giving you at
least 30 days'wrirten notice oftermination 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 s�6ject to
an eminent domain proceeding.
1Z AssignmeotsandSubletting.YoumaynotassignthisLeaseorsub-
let your a pa rtment. You agree that you won't rent, offer to rent or
license all or any part of your apartment to at�yone else unless other-
wise agreed to in advance by us in writing. You agreethat you won't
accept anything of value from anyone else for the use of any part of
your apartment. You agree notto list any pari ofyour apartmenf on
any lodging orshort-term rental website orwith any person or ser-
vice that advertises dwel lings for rent.
i8. SecurityandSafetyDevices.We9loavformissinasecuritvde-
vices ihat are reaui red 6v law. You'll oav for: (A) rekevina that
vou reauest {unless we failed to rekev afterthe orevious resi-
dent moved outl: and fBl reaairs or renlacements because of
misuse or damaae bv vou orvour familv. vour occunants. orvour
ug ests•YoumustpayimmediatelyafEertheworkisdoneunlessstate
law authorizes advance payment You must also payin advance for
any additional or changed secur[ty devices you request.
Texas Properry Code secs. 92.751, 92.153, and 92.154 require, with
some excepfions, that we provide qtno cost to you when occupancy
6egins: (AJ a windowlatch on each window; (B) n doorviewer (peep-
hole or tvindow) on each exteriordoor,• (C) a pin lock on each sliding
daor; (D) either a door-handlelatch orasecurFty bar on each sliding
daor, (EJ a keyless bolting device (dead6olt) on each exterior door;
and (F) either a keyed daorknoblock ora keyed deadboltlock on
one entrydoor. Keyedlocks will be rekeyed afrer tbe prior resident
moves out. The rekeying uvill be done eitherbefore you move in or
uvithin7 days aher you movein, as required 6y law. If we fail to in-
stallo�rekeysecurity devices as required 6ylaw, you have the righf
to do so and deduct the reusonable mstfrom yournext Rentpay-
ment underTexasProperty Code sec. 92.]65(i). We maydeattivate
or notinstall keyless bolting devites on ya�r doors if (A1 you oran
occupanYin the dwellingis over55 or disabled, and (B) the require-
ments ofTexas Property Code sec. 92.153(e) or (� aresatisfied.
18.7. SmokeAtarmsandDetectionDevices.We'llfumfsh
smoke alarms orother detection devices required by law
or city ordinance. We may install additionaE detectors
not so required. We'll test them and provfde working
batteries when you firsttake possession ofyour
apartment. Upon request, we'€I provide, as required by
law, a smoke alarm capable of alerting a person with a
hearing impairmenF.
You mcast payforand repla�e batteries as needed,
unless the law provides otherwise. We may repPace dead
or missing batteries aiyour expense, without prior notice
to you. N either you nor your g uests or occupants may
disable aiarms or deYeciors.lfyou damageordisable the
smoke alarm orremovea batterywiYhout replacing it
wifh a working battery, you may be Iiable to us under
Texas Property Code sec. 92.2611 for $l00 plus one
monfh'sRenLactualdamages, andaftorney's fees.
18.�. DutytoReport.Youmustimmediafelyreporttousany
missing, malfundioning or defective security devices,
smoke alarms or detectors.You'll be liable ifyou fail to
report malfunctions, or fai] to report any loss, damag e, or
fines resultirtg from fire, smoke, or water.
19. ResidentSafetyartdLoss.Unlessothenviserequiredbylaw,none
ofus, ouremployees, agents, ormanagementcompnnies are liable
to you, you�guests or oaupants forany damage, personal injury,
loss to personal property, orloss of 6usiness orpersonalincome,
from any cause,including butnotlimited to: negligentorintention-
alactsofresidents,occupants,orguests;theft 6urglary,assault,
vandalism orothercrimer, fire, flood, waterleaks, rain, Nail, ice,
snow,smoke,Iightning,�vind,explosions interrupYionofulileties,
pipeleaks orofheroccurrences unless such damage, injuryorlossis
caused enclusi vely by our n egligence.
Wedonotwarrantsecurityofanykend. You agreethatyouwill not
rely upon any security measures taken by us for personal security,
and that you will ca II 911 and local law enforcement authorities if any
security needs arise.
You ac[cnowledge that we are not eq uipped or trained to provide
personal securiTy services to you, your guests or o�cupants. You rer
ognize that we are not required io 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 a€arm or gate ame-
nities are provided, they are mechanical devices that can malfuno-
tion_ Any charges resulting from the use of an intrusion alarm will be
charged to you, induding, but not limited to, any false afarms with
police/fire/ambulance response or other required city charges.
20. ConditionofthePremisesandAlterations.
24.1.
20.2.
ps-Is. We disdnim alf implied warranties. You accept the
apartment, fixtures, and furniture as is, exceptfor
conditions materially affeding 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 compleiion of the form or within 48 hours aher
move-in, whichever comes first, you must note on the
form a I I defects or damag e, 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. 75.1.
Standa rds and Impravements. Unless autf�orized by
law or 6y us in writing, you mast not perform any repairs,
painting, wallpapering, carpeting, electrical changes, or
othenvise alterour property. No holes or stickers are
allowed inside or outside the apartment. Un[ess this Lease
staYes otherwise, we'I[ permit a reasana6le number of smal)
naif holesfor hang[ng pictures on sheetrockwalis and in
grooves ofwood-paneled walls. No waterfurniture, washing
machines, dryers, extra phone or television out[ets, aiarm
systems, cameras, two-way talk device, video or other door-
AparcmentLeaseContrac[�2023,TexasApartmentPi J��p� ! Page4of6
� IUe Moon eSi�nature Services Document ID: 528730883 ,
bells, or lock changes, additions, or rekeying is permitted
unless requlred by law or we've consented in wrlting. You may
install a satellite dish or antenna, but only ifyou sign our
satellite dish or antenna lease addendum, which complies
with reasonable restrictions allowed byfederal law. You must
not alter, damage, or remove our property, including alarm
rystems, detection devices, appliances, furniture, telephone
and television wiring, screens, locks, or security devices. When
you move in, we'll supply light bulbs forfixtures we fumish, in-
duding exteriorfixtures operated from inside the apartment;
afterthat, you71 replace them at your expense
with bulbs ofthe same type and wattage. Your improvements
to the apartment (made with or without our mnsent� bemme
ours unless we agree otherwise in writing.
2i. Notices. Written noticeto orfrom our employees, agents, or
management companies constitutes notice to or from us. Notices to
you or any other resident of Yhe apartment mnstitute notice to all
residents. Notices and requests from any resident constitute notice
from all residents.Only residents can give notice of Lease termination
and intentto move out under ParJ3. All notices and documents will
be in English and, at our option, ln any other language that you read
orspeak.
21.1. Electronic Notice. Notice may be given electronically by
us toyou if allowed 6y law. If allowed by law and in
ac[ordanw with this Lease, electron Ic notice f�om you to us
must be sent to the email address and/or portal specified in
this Lease. Notice may also be given by phone call or to a
physical address ifallowed in this iease.
You representthatyou have provided your current email
address to us, and that you will notify us in the event your
email address changes.
„_., ,„. w . y �
� °��'3�` , o l�' o '� �"s i".3'::�:� . :.4 1����.''i
22. Liability. Ead� resident isjointly and severally liable for all Lease
obligations. If you or any guest or occupant violates this Lease or our
Community Policies, all residents are mnsidered to have violated this
Lease.
22.1. Indemnification by You. Yau'll defend, indemnifyand hold us
and ouremployees, agents, and management compqny
harmless from allliabili[y arising from your conduct or
requests to our represen[ateves and from fhe conductafar
requests by yourinvifees, occupants or guests.
23. Defauk by Resident.
23.1. Acts of Default. You'll be in default if: (A) you don't
timely pay Rent, incfuding monthly recurring charges, or
other amounts you owe; (B) you or any guest or
occupant violates tE�is Lease, our Community Policies,
or fire, saFety, health, criminal or other laws, regardless of
whetheror where arrest or conviction occurs; (C) you
give Incorrect, incomplete, or false answers in a rental
applicalion 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 adual or potential physical harm m a person, or
involving the manufacture or delivery of a controlled
substance, marijuana, ordrug paraphernalia as defined
in the Texas Controlied Substances Act, or (2j any sex-
related crime, including a misdemeanor.
23.2. Eviction.lfyoudefault,includingholdingover,wemay
end your right of occupan ry by gi ving you a t least a 14-
haur written notice to vncate. 7erminatlon of your possesslon
rights doesn't release you from lia bility for fuwre Rent or
other Lease obligations. After giving notice to vacate or
61ing an eviction suit, we may stil! acrept Ren t or ofher
sums due; the filing or acreptanre doesn't waive or
diminish our rigfrt of eviction or any other contractual ar
stqtutoryright. A[[epting money at any time doesn't waive
our right to damages, to past or future Rentor other sums,
or to our continuing with eviction proceedings. In an eviaion,
Rent is owed for the full rental period and will not be
prorated.
233. 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 orafter acceleration) and will be
immediately due if, without our writtem m�sent: (A) you
move out, remove property in preparing #o 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 Rentfor the
entire Lease term or renewal period. Remaining Rent will
also be accelerated if you're judicially evided or move
out when we demand because you've defaulted.
1f you don't pay the first monih's Rent when or before this Lease
begins, all futureRentforthe Leaseterm will be automatically
accelerated without notice and become immediately due. We
also may end your right of occupancy and recover damages,
future Rent, attorney's fees, murt 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 (i) your
move-out notice (2) our noti[e 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 ofthe holdover, and
at our option, we may extend the Lease term and/or increase
the Rent by 25"/o by delivering written notice m you or your
apartment while you �onYinue 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 colled any money you owe us, you
agree that we or the debt collector may mntact you 6y
any legal means.Ifyou default, you will pay us, in addltion
to other sums due, any rental discounts or concessions
agreed Yo in writing that have 6een applied to your aaount.
We may recover attorney's fees in connection with enforcing
our righfs under this Lease. All unpaid amounts you owe bear
interest at the rate provided byTexas Finance Code Section
304.003�c) hom the cfue date. You must pay all mllection-
agency fees if you fail to pay sums due within 10 days after
you are malled a letter demanding paymenC and stating that
collection-aqency fees will be added if you don't pay all sums
by that deadline. You are also liable {or a charge (not to
exceed $150) to cover our time, cost and expense for any
eviction proceeding against you, plus our attorney's fees and
expenses, court costs, and filing fees adually paid.
24. Representatives'AuthorityandWaivers.0ur�epresentatives(in-
cluding managementpersonnel, employees, and agentsl haveno
authority to wnive, amertd, or terminate this Lease or any part ofit
unless in writing and signed, and no autharity to make promises, rep-
resentations, oragreements thaYimposesecurify duties orotherab-
ligafions on us orour representatives, unless in writing and signed.
No action or omission by us will be mnsidered a waiver ofour rights or of
any subs�quent violation, default, or time or place of performance.Our
choice to enforce, naf enforce ordelay enforcement of wri[ten-no-
tire requiremenfs, rentaf due dates, acceleralion, liens, o�any other
rights isn't a waiver under any circumstances. Delay in demandin g
sums you owe is nota waivec Except when notice or demand fs required
by law, you waive any notice and demand for performance from us if you
default_ NoYhing in this Lease constitutes a waiver of our remedies fora
breach under your prior lease that occurred before the Lease term begins.
Your Lease is subordinate to existing and future recorded mortgages, un-
lesstheowner's lenderchooses otherwise.
All remedi2s are cumulative. Exercising one remedy won't constitute
an election or waiver of other remedies. All provisions regarding our
nonliability or �onduty apply to ouremployees, agents, and manage-
ment companies. No employee, agent, or management company is
personally liable for any of our contradual, staYutory, or other obliga-
tions merely by virtue of acting on our behalf.
. _ '. _a_�_ . e e
25. Move-OutNotice.6eforemovingouf,youmusfgiveourrepresen-
tateve advance written move-out noti[e as stated in Par. 4, even if
this Lease has 6ecome a month-fo-month lease. The move out date
can't be changed unless we and you both agree in writing.
Yourmove outnoticemustromplywitheachofthefollowing:
(a) Unless we require more than 30 days' notice, if you give
notice on the first day of the month you intend to move
out, move out will be on the last day of that month.
(b) Yourmove-outnoticemustnotterminatethisLease
before the end of the Lease term or renewal period.
(c) Ifwerequireyoutogiveusmorethan30days'written
notice to move out before the end of the Lease term, we
will giveyou 1 written reminder not less than 5 days nor
more than 90 days before your deadline for giving us
yourwritten move-out notica.lf we fail to give a reminder
notice, 30 days' written notice to move out is req uired.
(d) You must get from us a written acknowledgment of your
notice.
26. Moue-OuYProtedures.
26.1. Cleaning.YoumustthoroughlycleanYheapartment,induding
doors, windows, furniwre, bathrooms, kitchen appliances,
patios, balconies, garages, carports, and storage rooms. You
mustfollow move-out cleaning instructions ifthey have been
provided. If you don't dean adequately, you'll be liable for
reasonable deaning charges—Induding d�arges £or cleaning
carpets, draperies, furniture, walls, etc. that are soiled beyond
ApartmentLeaseCon[ract«12023,TexasApartmentAswciatian,lnc Pa e5oF6
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I✓� Blue Moon eSiRnature Services Document ID: 528130883 �
normal wear (tha# is, wear or soiling that occurs without
negligence, carelessness, accident, or abuse).
26.2. Move-Out Inspection. We may, butare not obligated to,
provide ajoint move-out inspection. Our representatives
have no authorityto bind or limit us regarding deductions for
repairs, damages, or charges. Any statements or estimates py
usorourrepresentativearesubjecttoourcorrection,modi- 37.2,
fication, ordisapproval beforefinal accounting or refunding_
27. Surrender and Abandonment. You have surrendered the apartment
when: (A) the move-out date has passed and no one is living in the
apartment in our reasonablejudgment; or(B) apartment keys and ac-
cess devices listed in Par. 2.1 have been turned in to us—whichever
happens first.
You have nbandoned 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 defaulY for nonpayment of Rentfor 5
consecutive days, or water, gas, or electric service forthe apartment
notconnected in our name has been terminated ortransferred; and
(C) you've not responded for 2 days to our notice left on the inside of
the main entry door stating that we consider the apartmen{ aban-
doned. An apartment is also mnsidered abandoned 10 days af#er the
death of a sole resident.
27.1. 7he Ending of Your Rights. S�rrender, abandonment, or
judicial eviction ends your right of possession for all purposes
and gives us the immediate right Yo dean up, make repairs in,
anci relet the apartment; determine any 5ecuriCy deposit
dedudlons; and remove or store property left in the apartment.
27.2. Removal and Storage of Property. We, or law officers, may--
but have no duty to—remove or store all property that in our
solejudgment belongs to you and rema�ns in the apartment
or in common areas (including any vehicles you or any
occupant or guest owns or uses) after you'rejudicially evicted
or ifyou surrender or abandon the apartment.
We're not liabfe forcasualty, loss, damage, or theft. You
must pay reasonable charges for our packing. removing and
storing any property.
Except for anin�als, we may throw away or giveto a charitable
organization all personal property that is:
(1) leftintheapartmentaftersurrenderorabandonment;or
(2) leftoutsidemorethani hourafterwritofpossessionis
exewted, following judicial evidion.
An animal removed after surrer�der, abandonment, or eviction
may be kenneled or turned over to a bcal authority, humane
society, or rescue organization.
' B • � _ ..n ���r-.eR����4-::�
28. TAA Membership. We, the management company represeniing us,
or any locator service thatyou used confirms membershlp in good
standing of both the Texas Apartment Association and the affillated
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 atyour option and Is unenforceable by us
(exceptfor property damages); and (B) we may not remver past or
future rent or other charges. The above remedies also apply if both
of the following occur. (1) this Lease is automatically renewed on a
month-to-month basis more than once after membership in TAA and
the local association has lapsed; and (2) neitherthe owner northe man-
agement mmpany is a member of TAA and the local association during
the third automatic renewal. A signed affidavit from the affiliated local
apartment association attesting to nonmembership when this Lease
or renewal was signed will be mndusive evidence of nonmem6ershlp.
Governmental entities may use TAA forms rfTAA agrees in writing.
Name, address and telephone number of locator service (if applicable):
29. Severability and Survivability. If any provision of this Lease is inval-
id or unenforceable under applicable law, it won't invalidate Ehe re-
mainder of this Lease or diange 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 su6sequent owners.
34. Controlling Law. Texas law governs this Lease. All litigation arising
underthls 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 wl! not participate
in any dass action daims against us or our employees, agents,
or managemern company. You must file any claim against us
ind ividually, and you expressly waive your right to bring,
represenf, join or othe�wise mainfain a cluss adion,
[olle[five action orsimilar proceeding againstus in
anyforum.
YOD UNDERS7AND iHAT. W ITHOUTTHIS WAIVER. YOU
COUL� BE A PARTY IN A CLA55 ACTION LAW SUI7. 6Y
SIGNING THIS LEASE VOII ACCEPT THIS WAIVER AND
CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY.
THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE
THE TERMINATION OR El(PIRATION OF THIS LEASE.
Force Majeure. If we are pre�ented from completing substan-
tiai performance of any obligation underthis Lease by
occurrences that are beyond our control, induding but
not limited to, an act of God, strikes, epidemiCs, war, acts of
terrorism, riots, flood, fire, hurricane, tomado, sabotage or
governmental regulation, then we shall be excused from any
further performance of obllgations to the fuElest extent
allowed by law.
32, Spetial Provisions. The following, or attached Spe�ial Provisions and
any addenda or Community Policies provided to you, are part of this
Lease and supersede any conFllcting provisions in this Lease.
No cash will be accepted. No personal
checks after the 3rd of the month.
After 2 NSF checks we will only accept
certified funds. NO SATELLITE DISH
AiLOWED. NO WINDOW A/C UNTTS ALLOWED_
3rc1 LEASE VIOLATIONS WILL BE A NOTICE
TO VACATE/EVICTION. Delivery Notica Fee
of $75 will be assessed if we deliver
any notice to vacate.
Before submitting a rental application or signing this Lease, you
should review the documents and mayconsult an attorney. You are
bound by this Lease when it is signed. An electronic sig nature is
binding.This Lease, including aEl addenda, is the entire agreement
between you and us. You agree that you are NOT relying an any
oral representations.
ResidentorResidenYs lallsign below)
(Name oE Resident)
(Name of Resident)
(Name of Resident)
(Name of Resident)
(Name of Resident)
(Name of Resident}
08/22/2025
Date signed
Date signed
Date signed
Date signed
Date signed
Date signed
OwnerorOwner's Representative (signing on behalf of owner)
`.iCiu•'ut�.Lo,pe.z
Apartment LeaseContrac[, TAA Official Statewide Form 23-A/B-1/B-2 Revised O[to6er 2023 Page 6 of 6
��� Blue Moon eSiQnature Services Document ID� 52813D883'
A
M&C Review
CITY COUNCIL AGEND
Create New From This M�C
DATE: 8/12/2025 REFERENCE NO.: M&C 25-0676 LOG NAME:
CODE: C TYPE: NON- PUBLIC
CONSENT HEARING:
Page 1 of 5
Offcial site of the City of Fort Worth, Texas
FORT ��4'ORTF�
��
192025-2026 HUD
ANNUAL ACTION
PLAN
1'1�
SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2025-2026 Annual
Action Plan for the Use of Federal Grant Funds in the Amount of $13,273,355.77 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. Staff Available for Questions: Juliet Moses; 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 2025-2026 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 $13,273,355.77 for 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 2025-2026 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 $30,000.00 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 $30,000.00 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 2025-2026 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. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Operating Federal Fund in the total amount of $13,273,355.77 consisting of
$7,116,438.00 in Community Development Block Grant funds, $2,814,431.77 in HOME
Investment Partnerships Program funds, $615,818.00 in Emergency Solutions Grant funds, and
$2,726,668.00 in Housing Opportunities for Persons with AIDS grant funds, all subject to receipt
of such funds; and
7. Authorize a waiver of the Neighborhood Services Department indirect cost of 21.05\%, estimated
total of $264,698.00.
DISCUSSION:
The City's 2025-2026 Annual Action Plan summarizes the major housing and community development
activities and proposed expenditures for the program year beginning October 1, 2025 and ending
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September 30, 2026 for use of federal grant funds totaling $13,273,355.77 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, plus program income from the
CDBG and HOME grant programs totaling $60,000.00. 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 January 15, 2025. All proposals were received on March 3, 2025. 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 July 14, 2025, to provide citizens with 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 June 11, 2025.
A 30-day public comment period was held from June 16, 2025, through July 16, 2025. Notice of this public
comment period was published in the Cleburne Times Review on June 10, 2025; in the Fort Worth Star
Telegram and Weatherford Democrat on June 11, 2025; and in La Vida News and the Wise County
Messenger on June 12, 2025.
Any comments received are maintained by the Neighborhood Services Department in accordance with
federal regulations. The City held two public hearings as a part of the HUD required citizen participation
process. The first public hearing was held by staff on July 14, 2025, and the second public hearing is
scheduled for the City Council Meeeting on August 12, 2025.
A summary of staff's final funding recommendations is provided below in Tables 1, 2, and 3. The 2025-
2026 Annual Action Plan will be submitted to HUD by August 15, 2025.
Indirect costs totaling approximately $264,698.00 could be charged to these grants, as the Neighborhood
Services Department indirect cost rate is 21.05\°/o in the City's most recent Cost Allocation Plan. A waiver
of these costs is requested to allow allocation of these funds to further support the programs and services
to assist low-to-moderate income citizens.
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
For Program Year 2025-2026, it is recommended that the amount of $7,116,438.00 in CDBG funds and an
estimated amount of $30,000.00 in CDBG program income totaling $7,146,438.00 be allocated as follows:
Public Service Agencies -$1,067,465.00 (Limited to 15\% of the grant allocation): Includes social services
for low- and moderate income persons, persons with disabilities, and disadvantaged persons; Housing
Programs -$2,665,000.00: Includes funding for the City's Priority Repair Program, Cowtown Brush-Up, and
accessibility modifications for seniors and persons with disabilities; Major Projects -$1,000,685.00:
Includes funding for street improvements; Program Delivery -$960,000.00: Includes program delivery
costs for housing programs; Administration -$1,423,288.00 (Limited to 20\% of the grant allocation):
Includes costs for administering the CDBG grant; Estimated Program Income -$30,000.00: Includes up to
$30,000.00 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 (HOME)
For Program Year 2025-2026, it is recommended that the amount of $2,814,431.77 in HOME funds and an
estimated amount of $30,000.00 in HOME program income totaling $2,844,431.77 be allocated as follows:
Homebuyer Assistance Program -$1,110,824.77: Includes funding for down payment and closing cost
assistance for low- and moderate-income homebuyers through the Fort Worth Community Land Trust, the
City of Fort Worth and Trinity Habitat for Humanity; Community Housing Development Organizations
(CHDOs) for affordable housing projects -$422,164.00: These funds will be used by Housing Channel for
the Mason Heights affordable housing development in southeast Fort Worth. Funds will be used for the
acquisition of land and the new construction of 236 units. An estimated 183 units (approximately 77\°/o) will
be sold to low to moderate income households at or below 80\% Area Median Income (AMI); Major
Projects -$1,000,000.00 allocated to Fort Worth Housing Solutions (FWHS) as a part of Phase Six of the
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Choice Neighborhood Initiative (CNI) grant benefiting low-moderate come residents in the Stop Six
Neighborhood of Fort Worth; Administration -$281,443.00 (Limited to 10\% of the grant allocation):
Includes costs for administering the HOME grant; Estimated Program Income -$30,000.00: 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 (HOPWA)
For Program Year 2025-2026, it is recommended that the amount of $2,726,668.00 in HOPWA funds be
allocated as follows: Public Service Agencies -$1,670,868.00; Neighborhood Services Department -
$974,000.00; Administration -$81,800.00 (Limited to 3\°/o of the grant allocation)
EMERGENCY SOLUTIONS GRANT (ESG)
For Program Year 2025-2026, it is recommended that the amount of $615,818.00 in ESG funds to be
allocated as follows: Public Service Agencies -$569,632.00; Administration -$46,186.00 (Limited to 7.5\%
of the grant allocation)
CONTRACT RECOMMENDATIONS
The Community Development Council and Neighborhood Services Department staff recommend that
contracts be executed with the public service and subrecipient agencies listed below for the amounts
shown in the following tables:
Community Development Block Grant Contracts
TABLE 1: CDBG AGENCIES
AGENCY
Housing Channel
Meals-On-Wheels, Inc. of
Tarrant County
Guardianship Services Inc
CONSOLIDATED PLAN
GOAL
Affordable Housing
Healthy Living and
Wellness
Aging In Place
United Community Centers, Inc Children and Youth
Services
Boys & Girls Club of Greater Children and Youth
Tarrant County Services
Girls Inc of Tarrant County Children and Youth
Services
Camp Fire First Texas Children and Youth
Services
Junior Achievement of the Children and Youth
Chisholm Trail, Inc. Services
The Women's Center of Tarrant Economic Empowerment
County and Financial Resilience
Easter Seals North Texas, Inc. Economic Empowerment
and Financial Resilience
PROGRAM
Housing Counseling &
Education
Nutrition Program
Money Smart+ Elder
Financial Fraud
Prevention Workshops
IEducation Literacy
Program
IYouth Development at
Eastside Branch
IWhole Girl Program
ITeens In Action
ICradle to Career
Initiative
Employment Solutions
Employment Services
AMOUNT
$111,000.00
$120,000.00
'�:� ��� ��
$125,000.00
$72,000.00
$90,281.00
$62,184.00
$50,000.00
$90,000.00
$92,000.00
Homelessness
Presbyterian Night Shelter Prevention and Special Moving Home Program $175,000.00
Needs Support
ICDBG Public Services Agencies Total II$1,067,465.00I
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M&C Review
**Rehabilitation, Education and Accessibility
Advocacy for Citizens with Improvements Project Ramp
Handicaps dba REACH, Inc.
**Fort Worth Area Habitat for Housing Preservation and
Humanity, Inc. DBA Trinity Rehabilitation Cowtown Brush Up
Habitat for Humanity
Page 4 of 5
$165,000.00
$500,000.00
�CDBG Subrecipient Agencies Total �� $665,000.00�
ITOTAL CDBG CONTRACTS I�$1,732,465.00�
**REACH and Trinity Habitat will be funded from the CDBG Housing Programs and Services budget.
Housing Opportunities for Persons with AIDS Contracts
TABLE 2: HOPWA AGENCIES
AGENCY CONSOLIDATED PLAN pROGRAM
GOAL
Tarrant County
Samaritan Housing,
Inc.
AIDS Outreach
Center, Inc.
Homelessness Prevention
and Special Needs
Support
Homelessness Prevention
and Special Needs
Support
�TOTAL HOPWA CONTRACTS
Emergency Solutions Grants Contracts
HOPWA Program -
Administration, Tenant-
Based Rental Assistance
(TBRA), Short-Term
Rent, Mortgage, and
Utility Assistance
(STRMU), Supportive
Services, Facility-Based
Operations (FBO)
The Housing Assistance
Program
- Administration, Tenant-
Based Rental Assistance
(TBRA), Short-Term
Rent, Mortgage, and
Utility Assistance
(STRMU), Supportive
Services
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
The Salvation Army
Center for Transforming
Lives
Homelessness Prevention and Homelessness
Special Needs Support Prevention
Homelessness Prevention and Rapid Re-Housing
Special Needs Support
�
AMOUNT
$1,406,188.00
$264,680.00
$1,670,868.00�
AMOUNT
$139,491.00
$150,000.00
$127,141.00
$73,000.00
$80,000.00
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SafeHaven of Tarrant Homelessness Prevention and Shelter
County Special Needs Support Operations/Services
�TOTAL ESG CONTRACTS
All figures have been rounded to the nearest dollar for presentation purposes.
Page 5 of 5
��$569,632.00�
Each of these grants are 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 90 FTE positions in the Neighborhood Services
Department, which is funded nearly 60\% 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, the 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.
The City of Fort Worth has certified that all programs receiving funding through the HOPWA, HOME, ESG,
and CDBG grants comply with applicable Executive Orders.
These programs are available in ALL COUNCIL DISTRICTS.
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
I Fund
FROM
Fund
Department
ID
Department
ID
Account PriD ct I Program Activity
Account Project
� ID
Submitted for Citv Manaqer's Office bv:
Oriqinatinq Department Head:
Additional Information Contact:
ATTACHMENTS
Program Activity
Budget
Year
Budget
Year
Dana Burghdoff (8018)
Kacey Bess (8187)
Juliet Moses (6203)
Reference # Amount
(Chartfield 2)
Reference # Amount
(Chartfield 2)
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