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HomeMy WebLinkAbout062812-R1A1 - General - Contract - Cielo Place, LLCCSC No. 62812-R1A1 RENEWAL ONE AND AMENDMENT ONE TO CITY OF FORT WORTH CONTRACT NO. 62812 This Contract Renewal and Amendment is made and entered into by and between the City of Fort Worth ("City"), and Cielo Place, 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. 62812 (the "Agreement"); WHEREAS, Solomon Johnson ("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; and, (2) incorporate rental obligations for the First Renewal Term; 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 February 1, 2026, and expiring January 31, 2027 ("First 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 $1,275.00 per month for the Unit. • From February 1, 2025 to February 28, 2025, the Tenant shall be responsible for $0.00 of rent per month. From March 1, 2025 to January 31, 2026, the Tenant shall be responsible for $135.00 of rent per month. • From February 1, 2025 to February 28, 2025, City shall be responsible for $1,275.00 of rent per month. From March 1, 2025 to January 31, 2026, City shall be responsible for $1,140.00 of rent per month. ��7 � � Cy 1,1 �:� X�%]:a �7 CSC No. 62812- Renewal One and Amendment One �'�TY SEC'RETARY page 1 of 4 CoFW and Cielo Place, LLC FT. WO�T�..�, TX First Renewal Term: The City has been notified that the Tenant's Total Rent during the Initial Term is $1,339.00 per month for the Unit. Tenant shall be responsible for $278.00 of rent per month for the Unit. City shall be responsible for $1,061.00 of rent per month for the Unit. 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. 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. 62812- Renewal One and Amendment One Page 2 of 4 CoFW and Cielo Place, LLC IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective February 1, 2026. FOR CITY OF FORT WORTH: Dana gurc�hdoff Dana Burghdoff (Jan 13, 2026 �352 CST) Name: Dana Burghdoff Title: Assistant City Manager O1/13/2026 Date: FOR LANDLORD: ��.� ���, ��� ShelbyPh'illips(Jan 2612'3939CST� Name: Shelby Phillips Title: Property Manager O1/09/2026 Date: APPROVAL RECOMMENDED fCa,c�y 7"l ,c�wc�►� KaceyTho�'as ;Jan 1L. 2ULE 2L�.1L-�S CST; Name: Kacey Thomas Title: Neighborhood Services Director APPROVED AS TO FORM AND LEGALITY Sophie MaeG�ewt 4 4 nn� ATTEST: �� F FORt�Oad� a°i`o °p.�do °a�� o=c° �.n.� I� .,��� p�°* �°° °� *� � a�4p nEXA?aap � 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. Name: Jannette Goodall Title: City Secretary O1/15/2026 Date: M&C No.: 25-0676 ,7�Gie C. �e�ra Jullc C Pena (Jan 9,202612:55.03 CST) Name: Julie C. Pena, MSW Title: Sr. Human Services Specialist �FFICIAL RECORD CITY SECRETARY FT. WORTH, TX CSC No. 62812- Renewal One and Amendment One Page 3 of 4 CoFW and Cielo Place, LLC Attachment A History of Rental Obligations by Lease Term Lease Term Initial Term Total Rent $1,275 Tenant's Portion February 1, 2025 to February 28, 2025: $0.00 March 1, 2025 to January 31, 2026: $135 First Renewal $1,339.00 $278.00 EXHIBIT A COPY OF LEASE AGREEMENT City's Portion February 1, 2025 to February 28, 2025: $1,275 March 1, 2025 to January 31, 2026: $1,140 $1,061.00 CSC No. 62812- Renewal One and Amendment One Page 4 of 4 CoFW and Cielo Place, LLC ■ � ���w il-:ti�ti �I'.Lkt�I�EI=.\�I 1ti5[1i:11�1 Itl�� This Lease is valid only if filled out before January i, 2026. Apartment Lease Contract This is a binding contract. Read carefully before signing. This Lease Contract ("Lease") is between you, the resident(s) as listed below and us. The terms "you" and "your" refer to all residents. The terms "we; "'us;' and "our" refer to the owner listed below. PARTIES Residents Owner Cielo Place Occupants LEASE DETAILS A. Apartment (Par. 2) Ends at 11:59 p.m. on: O1/31/2027 F. Notice of Termination or Intent to Move Out (Par. 4) A minimum of 60 days' written notice of termination or intent to move out required at end of initial Lease term or during renewal period Note that this amount does not D.ProratedRent includeanyAnimalDeposit,which Ifthenumberofdaysisn'tfilledin,noticeofatleast30days would be reBected in an Animal is required. $ Addendum. O duefortheremainderoflst month or O for 2nd month G.Late Fees(Par.3.3) Initial Late Fee Daily Late Fee � 10 %of one month's monthly base rent or O %of one month's monthly base rent for days or O $ O $ for days Due if rent unpaid by 11:59 p.m. on the 3rd (3rd or greater) day of the month H. Returned Check or Rejected J. Early Termination Fee Option (Par. 7.2) Payment Fee (Par.3.4) $ $ 75 . 00 Notice of 60 days is required. You are not eligible for early termination if I.RelettingCharge�Par.7.1) youareindefault. 1138 . 15 Fee must be paid no later than 30 A reletting charge of $ days after you give us notice (nottoexceed85%ofthehighest �fanyvaluesornumberofdaysareblankor"0," monthlyRentduringtheLeaseterm) thenthissectiondoesnotapply. may be charged in certain default situations K. Violation Charges Animal Violation (Par.12.2) Initial charge of 5 per animal (not to exceed $100 per animap and A daily charge of $ per animal (not to exceed $10 per day per animal) Insurance Violation (Master Lease Addendum or other separate addendum) $ L. Additional Rent- Monthly Recurring Fixed Charges. You will pay separately for these items as outlined below and/or in separate addenda, Special Provisions or an amendment to this Lease. Animal rent $ 0. 00 Cable/satellite $ 0. 00 Internet $ 0. 00 Packageservice $ 0.00 Pestcontrol $ 0.00 Stormwater/drainage $0.00 Trash service $ 0. 00 Washer/Dryer $ 0. 00 Other: $ Other: $ 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 of written notice (Par.3.5) N. Other Charges and Requirements. You will pay separately for these items or comply with these requirements as outlined in a Master Lease Addendum, separate addenda or Special Provisions. Initial Access Device: $ Additional or Replacement Access Devices: $ Required Insurance Liability Limit (per occurrence): $ Special Provisions. See Par. 32 or additional addenda attached. This Lease cannot be changed unless in writing and signed by you and us. Apartment Lease Contract 02023, Texas Apartment Assoaation, Inc Page 1 of 6 I�I �lue Moon eSiQnature Services Document ID: 549776919 I 1. Definitions.The following terms are commonly used in this Lease: 1.1. "Residents" are those listed in "Residents" above who sign this Lease and are authorized to live in the apartment. 1.2. "Occupants" are those listed in this Lease who are also autho- rized to live in the apartment, but who do not sign this Lease. 1.3. "Owner" may be identified by an assumed name and is the owner only and not property managers or anyone else. 1.4. "Including" in this Lease means "including but not limited to:' 1.5. "CommunityPolicies"arethewrittenapartmentrulesand 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"includesthisdocument,anyaddendaand attachments, Community Policies and Special Provisions. 2. Apartment. You are leasing the apartment listed above for use as a private residence only. 2.1. Access. In accordance with this Lease, you'll receive access information or devices for your apartment and mailbox, and other access devices including: 2.2. Measurements. Any dimensions and sizes provided to you relating to the apartment are only approximations or estimates; actual dimensions and sizes may vary. 23. Representations. You agree that designations or accredi- tations associated with the property are subject to change. 3. Rent.YoumustpayyourRentonorbeforethelstdayofeach month (due date) without demand. There are no exceptions regardingthepaymentofRent andyouagreenotpayingRenton or before the 1 st of each month is a material breach of this Lease. 3.1 3.2. 3.3. 3.4. 3.5. 3.6. Payments. You will pay your Rent by any method, manner and place we specify in accordance with this Lease. Cash is not acceptable without our prior written permission. You cannot withhold or offset Rent unless authorized 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. Application of Payments. Payment of each sum due is an independent covenant, which means payments are due regardless of our performance. When we receive money, other than water and wastewater payments subject to government regulation, we may apply it at our option and without notice first to any of your unpaid obligations, then to accrued rent. We may do so regardless of notations on checks or money orders and regardless of when the obligations arose. All sums other than Rent and late fees are due upon our demand. After the due date, we do not have to accept any payments. Late Fees. If we don't receive your monthly base rent in full when iYs due, you must pay latefees as outlined in Lease Details. Returned Payment Fee. You'll pay the fee listed in Lease Details for each returned check or rejected electronic payment, plus initial and daily late fees ifapplicable, until we receive full payment in an acceptable method. Utilities and Services. You'll 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 (noflames). 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. Ifa utility is individually metered, it must be connected in your name and you must notify the provider of your move- out date. If you delay getting service turned on in your name 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 providerfees, including anyfees to change service back into our name after you move out. Lease Changes. Lease changes are only allowed during the Lease term or renewal period if governed by Par.10, specified in Special Provisions in Par. 32, or by a written addendum or amendment signed byyou and us. At or afterthe end ofthe 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. 4. 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 a n d specifi ed on pag e i. lf the number of days isn't filled in, no- tice ofat least 30 days is required. 5. SecurityDeposit.Thetotalsecuritydepositforallresidentsisdue 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 aive us vour advance notice of move out as nrovided bv Par.25 and forwardina address in writina to receive a written descrintion and itemized list of charaes or refund.ln accordance with this Lease and as allowed by law, we may deduct from your security deposit any amounts due under this LeaseJl�ou move out earlv or in resnonse to a notice to vacate, vou'll be liable for rekevina charaes. Upan receipt of your move-out date and forwarding address in writing, the security deposit will be returned (less lawful deductions) with an itemized accounting of any deductions, no later than 30 days after surrender or abandonment, unless laws provide otherwise. Any refund may be by one paymentjointly payable to all residents and distributed to any one resident we choose, or distributed equally among all residents. 6. Insurance. Our insurance doesn't cover the loss of or damage to yourpersonal property.You will be required to have liability insur- ance as specified in this Lease unless otherwise prohibited by law. If you have insurance covering the apartment or your personal belong- ings at the time you or we suffer or allege a loss, you agree to require your insurance carrierto waive any insurance subrogation rights. Even if not required, we urge you to obtain your own insurance for losses due to theft, fire, flood, water, pipe leaks and similar occurrenc- es. Most renter's insurance policies don't cover losses due to a flood. 7. Reletting and Early Lease Termination. This Lease may not be ter- minated early except as provided in this Lease. 7.1. Reletting Charge. You'll be liable for a reletting charge as listed in Lease Details, (notto exceed 85%ofthe highest monthly Rent during the Lease term) if you: (A) fail to move in, orfail to give written move-out notice as required in Par.25; (B) move out without paying Rent in full for the entire Lease term or renewal period; (C) move out at our demand because of your default; or (D) arejudicially evicted. The reletting charge is not a termination, cancellation or buyout fee and does not release you from your obligations underthis 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 yourterminationrightsreferredtoin73or8.1 below,ifthis provision applies under Lease Details, you may opt to terminate this Lease prior to the end of the Lease term ifall of thefollowingoccur: (a) as outlined in Lease Details, you give us written notice of early termination, pay the Early Termina- tion Option fee in full and specify the date by which you'll move out; (b) you are not in default at any time and do not hold over; and (c) you repay all rent concessions, credits or discounts you received during the Leaseterm. Ifyou are in default, the Lease remedies apply. 7.3. SpecialTerminationRights.Youmayhavetherightunder Texas lawto terminate this Lease earlyin certain situations involving military deployment or transfer, family violence, certain sexual offenses, stalking or death of a sole resident. 8. Delay of Occupancy. We are not responsible for any delay of your occupancy caused by construction, repairs, cleaning, or a previous residenYs holding over.This Lease will remain in force subject to (1) abatement of Rent on a daily basis during delay, and (2) your right to terminate this Lease in writing as setforth below. Rent abatement and Lease termination do not apply if the delay is for cleaning or re- pairs that don't prevent you from moving into the apartment. 8.1. Termination. If we give written notice to you of a delay in occupancy when or after this Lease begins, you may termi- nate this Lease within 3 days after you receive written notice. If we give you written notice before the date this Lease begins and the notice states that a construction or other delay is expected and that the apartment will be ready for you to occupy on a specific date, you may terminate this Lease within 7 days after receiving written notice. After proper termination, you are entitled only to refund of any deposit(s) and any Rent you paid. ApartmentLeaseConVacto2023,TexasApartmentAsso'ation � Page2of6 Blue�oon eSiQnature Services Document ID: 549776919 � 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 ournegligence, we're not liable for—and you must pay for—repairs and replace- ments occurring during the Lease term orrenewal period, includ- ing: (A) damage from wastewaterstoppages caused 6yimproper objects in lines exclusivelyserving yourapartment; (8) damage to doors, windows, orscreens and (C) damage from windows ordoors left open. 10. CommunityPolicies.CommunityPolicies6ecomepartofthis Leaseand mustbefollowed. We may make changes, including addi- tions, to our written Community Policies, and those changes can be- come effective immediately ifthe Community Policies are distributed and applicableto all units in the apartment communityand 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 orvideo taken ofyou 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 _ 2_ 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 perweek will be the limit. 10.4. Notice af Convictions and Registretion. You must notify us within 15 days if you or any of your occupants: (A) are convicted of any felony, (B) are convided of any misdemeanor involving a controlled substance, violenceto another person, or destruction of property, or (C) register as a sex offender. Informing us ofa criminal conviction or sex-offender registration doesn'twaive 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 ofa multifamily living environment and that it is impractical for us to prevent them from penetrating your apartment. 11. Conduct. You agree to communicate and conduct yourself in a law- ful, courteous and reasonable manner at all times when interacting with us, our representatives and other residents or occupants. Any acts of unlawful, discourteous or unreasonable communication or conduct by you, your occupants or guests is a breach of this Lease. You must use customary diligence in maintaining the apartment, keeping it in a sanitary condition and not damaging or littering the common areas. Trash must be disposed of at least weekly. You will use your apartment and all other areas, including any balconies, with reasonable care. We may regulate the use of passageways, patios, balconies, porches, and activities in common areas. 11.1. Prohibited Conduct. You, your occupants, and your guests will not engage in certain prohibited conduct, including the following activities: (a) criminal conduct; manufacturing, delivering, or possessing a controlled substance or drug parapher- nalia; engaging in 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 in the common area, or in a way that mayalarm others; (b) behaving in a loud, obnoxious or dangerous manner; (c) disturbingorthreateningtherights,comfort,health,safety, orconvenience ofothers,including us,ouragents,orour representatives; (d) disruptingourbusinessoperations; (e) storing anything in closets containing water heaters or gas appliances; (f) tampering with utilities ortelecommunication 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 of any kind, that is not in accordance with this Lease; (I) using glass containers in or near pools; or (m) conducting any kind of business (including child-care services) in your apartment or in the apartment community—except for any lawful business conducted "at home° by computer, mail, or telephone if customers, clients, patients, employees or other business associates do not come to your apartment for business purposes. 12. Animals.Nolivingcreaturesofanykindareallowed,eventempo- rarily, anywhere in the apartment or apartment community un- less we'vegiven written permission. Ifwe allow an animal, you must sign a separate Animal Addendum and, except as setforth in the ad- dendum, payan 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 orwild animals is a breach ofthis Lease. 12.1. f Flf� Removal af 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) fol lowing 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 payfor the animal's reasonable care and kenneling charges. Violations of Animal Policies 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, 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 anytime during yourterm ofoccupancy(with orwithoutourconsent), we'I I charge you for all cleaning and repair costs, including defleaing, deodorizing, and shampooing.lnitial and daily animal-violation charges and animal-removal charges are liquidated damages for our time, inconvenience, and overhead in enforcing animal restrictions and Community Policies. 13. Parking. You may not be guaranteed parking. We may regulate the time, manner, and place of parking of all motorized vehicles and other modes oftransportation, including bicycles and scooters, in this Lease. In addition to other rights we have to tow or boot 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. If you or any other resident, guest or occupant is present, then repair or service persons, contractors, law officers, government representatives, lenders, appraisers, prospective resi- dents or buyers, insurance agents, persons authorized to enter under your rental application, or our representatives may peacefully enter the apartment at 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. ApartmentLeaseContract<02023,TexasApartmentA/��1��,=j,n p Page3of6 Iv Blue Moon eSiQnature Services Document ID: 549776919 � 15. Requests, Repairs and Malfunctions. 15.1. WrittenRequestsRequired.lfyouoranyoccupantneeds to send a request—for example, for repairs, installations, services, ownership disclosure, orsecurity-related matters— itmust be written and delivered to our designated representative in accordance with this Lease (except for fair-housing accommodation or modification requests or situations involving imminent danger orthreats 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 requestfrom you.0ur complying with or responding to any oral request doesn't waive the strict requirement forwritten notices under this Lease. A request for maintenance or repair byanyone residing in your apartment constitutes a request from all residents. The time, manner, method and means of performing maintenance and repairs, including whetheror which vendors to use, are within 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 may change or install utility lines or equipment serving the apartment if the work is done reasonably without substantially increasing your utility costs. We may turn off equipment and interrupt utilities as needed to perform work or to avoid property damage or other emergencies. If utilities malfunction or are damaged by fire, water, or similar cause, you must notify our representative immediately. 15.4. Your Remedies. We'll act with customary diligence to make repairs and reconnections within a reasonable time, taking into consideration when casualty insurance proceeds are received. Unless required by statute after a casualty loss, or during equipment repair, your Rent will not abate in whole or in part. "Reasonable time" accounts for the severity and nature of the problem and the reasonable availability of materials, labor, and utilities. If we fail to timely repaira condition that materially affects the physical health or safety of an ordinary resident as required by the Texas Property Code, you may be entitled to exercise remedies under § 92.056 and § 92.0561 of the Texas Property Code. lf you follow the procedures under those sections, the following remedies, among others, may be available to you: (i) termination of this Lease and an appropriate refund under 92.056(f); (2) have the condition repaired or remedied according to § 92.0561; (3) deduct from the Rent the cost of the repair or remedy according to § 92.0567; and 4) judicial remedies according to § 92.0563. 16. Our Right to Terminate for Apartment Community Damage or Closure. If, in our solejudgment, damages 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 of your personal property if, in our solejudgment, it causes a health or safety hazard or impedes our abilityto make repairs. Texas Property Code secs. 92.151, 92.753, and 92.154 require, with some exceptions, that we provide at no cost to you when occupancy begins: (A) a windowlatch on each window; (B) a doorviewer (peep- hole or window) on each exterior door, (C) a pin lock on each sliding door; (D) eithera door-handle latch ora security baron each sliding door; (EJ a keyless bolting device (deadbolt) on each exterior door; and (F) eithera keyed doorknob lock ora keyed deadbolt lock on one entry door. Keyed locks will be rekeyed after the priorresident moves out. The rekeying will be done either before you move in or within 7 days after you move in, as required by law. lf we fail to in- stall or rekey security devices as required by law, you have the right to do so anAAeduct the reasonable cost from your next Rent pay- ment under Texas Property Code sec. 92.165(1). We may deactivate or not install keyless bolting devices on your doors if (A) you or an occupantin the dwelling is over 55 ordisabled, and (B) the require- ments of Texas Property Code sec. 92.153(e) or (f) are satisfied. 18.1. Smoke Alarms and Detection Devices. We'll furnish smoke alarms or other detection devices required by law or city ordinance. We may install additional detectors not so required. We'll test them and provide working batteries when you first take possession of your apartment. Upon request, we'll provide, as required by law, a smoke alarm capable ofalerting a person with a hearing impairment. You must pay for and replace batteries as needed, unless the law provides otherwise. We may replace dead or missing batteries at your expense, without prior notice to you. Neither you nor your guests or occupants may disable alarms or detectors. lf you damage or disable the smoke alarm or remove a battery without replacing it with a working battery, you may be liable to us under Texas Property Code sec. 92.2611 for $700 plus one month's Rent, actual damages, and attorney's fees. 18.2. DutytoReport.Youmustimmediatelyreporttousany missing, malfunctioning or defective security devices, smoke alarms or detectors. You'll be liable if you fail to report malfunctions, or fail to report any loss, damage, or fines resulting from fire, smoke, or water. 19. Resident5afetyandLoss.Unlessotherwiserequiredbylaw,none of us, our employees, agents, or management companies are liable to you, your guests or occupants for any damage, personal injury, loss to personal property, orloss of business or personal income, from any cause, including but not limited to: negligent orintention- al acts ofresidents, occupants, orguests theh, burglary, assault vandalism orothercrimer, fire, flood, waterleaks, rain, hail, ice, snow, smoke, lightning, wind, explosions, interruption of utilities, pipe leaks or other occurrences unless such damage, injury or loss is caused exclusively by our negligence. We do not warrant security of any kind. You ag ree that you wi I I n ot rely upon any security measures taken by us for personal security, and that you will call 911 and local law enforcement authorities if any security needs arise. You acknowledge that we are not equipped or trained to provide personal security services to you, your guests or occupants. You rec- ognize that we are not required to provide any private security ser- vices and that no security devices or measures on the property are fail-safe. You further acknowledge that, even if an alarm or gate ame- nities are provided, they are mechanical devices that can malfunc- tion. Any charges resulting from the use of an intrusion alarm will be charged to you, including, but not limited to, anyfalse alarms with police/fire/ambulance response or other required city charges. 20. Condition of the Premises and Alterations. 16.1. Property Closure. We also have the right to terminate 20.1. this Lease and your rightto possession by giving you at least 30 days' written notice of termination if we are demolishing your apartment or closing it and it will no longer be used for residential purposes for at least 6 months, or if any part of the property becomes subject to an eminent domain proceeding. 17. Assignments and Subletting. You may not assign this Lease or sub- let your apartment. You agree that you won't rent, offer to rent or license all or any part of your apartment to anyone else unless other- wise agreed to in advance by us in writing. You agree that you won't accept anything of value from anyone else for the use of any part of your apartment. You agree not to list any part of your apartment on any lodging or short-term rental website or with any person or ser- vice that advertises dwellings for rent. 18. Securityand Safety Devices. We'll oavfor missina securitvde- vices that are reauired bv law. You'll oav for: (Al rekevina that vou reauest lunless we failed to rekev after the nrevious resi- dent moved out); and (B) repairs or replacements because of misuse or damaae bv vou or vour familv, vaur occuoants, or vour guests. You must pay immediately after the work is done unless state law authorizes advance payment. You must also pay in advance for any additional or changed security devices you request. As-Is. We disclaim all implied warranties. You accept the apartment, fixtures, and furniture as is, except for conditions materially affecting the health or safety of ordinary persons. You'll be given an Inventory and Condition Form at or before move in. You agree that after completion ofthe form or within 48 haurs 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 ofdetermining any refund due to you when you move out.Otherwise, everything will be considered to be in a clean, safe, and good working condition. You must still send a separate request for any repairs needed as provided by Par.15.1. 20.2. Standards and Improvements. Unless authorized by law or by us in writing, you must not perform any repairs, painting, wallpapering, carpeting, electrical changes, or otherwise alter our property. No holes or stickers are allowed inside or outside the apartment. Unless this Lease states otherwise, we'll permit a reasonable number of small nail holes for hanging pictures on sheetrockwalls and in grooves of wood-paneled wal Is. No water furniture, washing machines, dryers, extra phone or television outlets, alarm systems, cameras, two-way talk device, video or other door- ApartmentLeaseContract<02023,TexasApartmentA/��1��,=j,n p Page4of6 Iv Blue Moon eSiQnature Services Document ID: 549776919 � bells, or lock changes, additions, or rekeying is permitted unless required by law orwe'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 byfederal law. You must not alter, damage, or remove our property, including alarm systems, detection devices, appliances, furniture, telephone and television wiring, screens, locks, or security devices. When you move in, we'll supply light bulbs for fixtures we furnish, in- cluding exterior fixtures operated from inside the apartment; after that, you'll replace them at your expense with bulbs of the same type and wattage. Your improvements to the apartment (made with or without our consent) become ours unless we agree otherwise in writing. 21. Notices.Writtennoticetoorfromouremployees,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. 73. All notices and documents will be in English and, at our option, in any other language that you read or speak. 21.1. Electranic Notice. Notice may be given electronically by us to you if allowed by law. If allowed by law and in accordance with this Lease, electronic notice from you to us must be sent to the email address and/or portal specified in this Lease. Notice may also be given by phone call or to a physical address if allowed in this Lease. You represent that you have provided your current email address to us, and that you will notify us in the event your email address changes. 22. Liability. Each resident is jointly and severally liable for all Lease obligations. If you or any guest or occupant violates this Lease or our Community Policies, all residents are considered to have violated this Lease. 22.1. Indemnification byYou.You'lldefend,indemnifyandhold us and our employees, agents, and management company harmless from allliability arising from your conduct or requests to our representatives and from the conduct of or requests by your invitees, occupants or guests. 23. Default by Resident. 23.1. 23.2. Acts of Default. You'll be in default if: (A) you don't timely pay Rent, including monthly recurring charges, or other amounts you owe; (B) you or any guest or occupant violates this Lease, our Community Policies, or fire, safety, health, criminal or other laws, regardless of whether or where arrest or conviction occurs; (C) you give incorrect, incomplete, orfalse answers in a rental application or in this Lease; or (D) you or any occupant is charged, detained, convicted, or given deferred adjudication or pretrial diversion for (1) an offense involving actual or potential physical harm to a person, or involving the manufacture or delivery of a controlled substance, marijuana, or drug paraphernalia as defined in the Texas Controlled Substances Act, or (2) any sex- related crime, including a misdemeanor. Eviction. lf you default, including holding over, we may end your right of occupancy by giving you at least a 24- hour written notice to vacate. Termination of your possession rights doesn't release you from liabilityforfuture Rent or other Lease obligations. After giving notice to vacate or filinganevictionsuit wemaystillacceptRentorother sums due; the filing or acceptance doesn't waive or diminish our right of eviction or any other contractual or statutory right. Accepting money at any time doesn't waive our right to damages, to past or future Rent or other sums, orto ourcontinuing with eviction proceedings. In an eviction, 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 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 Rentwill also be accelerated ifyou'rejudicially evicted or move out when we demand because you've defaulted. If you don't pay the fi rst month's Rent when or before this Lease begins, al I future Rent for the Lease term will be automatica Ily accelerated without notice and become immediately due. We also may end your right of occupancy and recover damages, future Rent, attorney's fees, court costs, and other lawful charges. 23.4. Holdover.You and all occupants mustvacate 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 natice to you or your apartment while you continue to hold over. 23.5. Other Remedies. We may report unpaid amounts to credit agencies as allowed by law. If we or our debt collector tries to collect any money you owe us, you agree that we or the debt collector may contact you by any legal means.lfyou default, you will pay us, in addition to other sums due, any rental discounts or concessions agreed to in writing that have been applied to your account. We may recover attorney's fees in connection with enforcing our rights under this Lease. All unpaid amounts you owe bear interest at the rate provided by Texas Finance Code Section 304.003(c) from the due date. You must pay all colledion- 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 wil I be added if you don't pay all sums by that deadline. You are also liable for a charge (not to exceed $150) to cover our time, cost and expense for any eviction proceeding against you, plus our attorney's fees and expenses, court costs, and filing fees actually paid. 24. Representatives' Authority and Waivers.Ourrepresentatives (in- cluding managementpersonnel, employees, and agents) have no authority to waive, amend, or terminate this Lease or any part of it unless in writing and signed, and no authority to make promises, rep- resentations, or agreements that impose security duties or other ob- ligations on us or our representatives, unless in writing and signed. No action or omission by us will be considered a waiver of our rights or of a ny 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'ta waiverunderanycircumstances. Delay in demanding su ms you owe is not a waiver. Except when notice or demand is requ ired by law, you waive any notice and dema nd for performa nce from us if you default. Nothing in this Lease constitutes a waiver of our remed ies for a breach under your 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 nonduty apply to our employees, agents, and manage- ment companies. No employee, agent, or management company is personally liable for any of our contractual, statutory, or other obliga- tions merely byvirtue of acting on our behalf. 25. Move-OutNotice. Beforemovingout youmustgiveourrepresen- tative advance written move-out notice as stated in Par. 4, even if this Lease has become a month-to-month lease. The move-out date can't be changed unless we and you both agree in writing. Your move-out notice must comply with each of the following: (a) Unless we require more than 30 days' notice, if you give notice on the first day of the month you intend to move out, move out will be on the last day of that month. (b) Your move-out notice must not terminate this Lease before the end of the Lease term or renewal period. (c) 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.lfwefail 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-OutProcedures. 26.1. Cleaning.Youmustthoroughlycleantheapartment,including doors, windows, furniture, bathrooms, kitchen appliances, patios, balconies, garages, carports, and storage rooms. You must fol low move-out cleaning instructions if they have been provided. If you don't clean adequately, you'I I be liable for reasonable cleaning charges—including charges for cleaning carpets, draperies, furniture, walls, etc. that are soiled beyond Apartment Lease ConVact 02023, Texas Apartment Association, Inc Page 5 of 6 I�I �lue Moon eSiQnature Services Document ID: 549776919 I normal wear (that is, wear or soiling that occurs without negligence,carelessness,accident,orabuse). 26.2. Move-Out Inspection. We may, but are not obligated to, provide a joint move-out inspection. Our representatives have no authority to bind or limit us regarding deductions for repairs, damages, or charges. Any statements or estimates by us or our representative are subject to our correction, modi- 31.2 fication, or disapproval before final accounting or refunding. 27. Surrender and Abandonment. You have surrendered the apartment when: (A) the move-out date has passed and no one is living in the apartment in our reasonablejudgment; or (B) apartment keys and ac- cess devices listed in Par. 21 have been turned in to us—whichever happens first. You have abandoned the apartment when all ofthe 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. TheEndingofYourRights.Surrender,abandonment,or judicial eviction ends your right of possession for all purposes and gives us the immediate right to clean up, make repairs in, and relet the apartment; determine any security-deposit deductions; and remove or store property left in the apartment. 27.2. Removal and Storage of Property. We, or law officers, may— but have no duty to—remove or store all property that in our sole judgment belongs to you and remains in the apartment or in common areas (including any vehicles you or any occupant or guest owns or uses) after you'rejudicially evicted or if you surrender or abandon the apartment. We'renot liable forcasualty, loss, damage, ortheft. You must pay reasonable charges for our packing, removing and storing any property. Except for animals, we may throw away or give to a charitable organization all personal property that is: (1) leftintheapartmentaftersurrenderorabandonment;or (2) left outside more than 1 hour after writ of possession is executed, following judicial eviction. An animal removed after surrender, abandonment, or eviction may be kenneled orturned over to a local authority, humane society, or rescue organization. 28. TAA Membership. We, the management company representing us, or any locator service that you used confirms membership in good standing of both the Texas Apartment Association and the affiliated local apartment association forthe area where the apartment is located at the time of signing this Lease. If not, the following applies: (A) this Lease is voidable at your option and is unenforceable by us (except for property damages); and (B) we may not recover past or future rent or other charges. The above remedies also apply if both of the following occur: (1) this Lease is automatically renewed on a month-to-month basis more than once after membership in TAA and the local association has lapsed; and (2) neither the owner northe man- agement company is a member ofTAA and the local association during the third automatic renewal. A signed affidavitfrom the affiliated local apartment association attesting to nonmembership when this Lease or renewal was signed will be conclusive evidence of nonmembership. Governmental entities may useTAA forms ifTAA agrees in writing. Name, address and telephone number of locator service (if applicable): 29. Severabilityand Survivability.lf any provision ofthis Lease is inval- id or unenforceable under applicable law, itwon't invalidatethe re- mainder of this Lease or change the intent of the parties. Paregrephs 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. BysigningthisLease,youagreetothefollowing: 31.1. Class Action Waiver. You agree that you will not participate in any class action claims against us or our employees, agents, or management company. You must file any claim against us individual ly, and you expressly waive your right to bring, represent join or otherwise maintain a class action, collective action orsimilar proceeding against us in any forum. YOD UNDERSTAND THAT, WITHOUT THIS WAIVER, YOU COULD BE A PARTY IN A CLA55 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. Force Majeure. If we are prevented from completing substan- tial performance of any obligation under this Lease by occurrences that are beyond our control, induding but not limited to, an act of God, strikes, epidemics, war, acts of terrorism, riots, flood, fire, hurricane, tornado, sabotage or governmental regulation, then we shall be excused from any further performance of obligations to the fullest extent allowed by law. 32. Special Provisions. The following, or attached Special Provisions and any addenda or Community Policies provided to you, are part of this Lease and supersede any conflicting provisions in this Lease. We'll pay for Trash and Pest Control. You'll pay for water, waste and electric, and any charges or fees on such utilities and services during your Lease term. Residents are required to recertifiy annually. Any late payments must be paid in certified funds only. Total monthly rent is $ 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 oralrepresentations. Resident orResidents (all sign below) _�'� Date signed Date signed Date signed Date signed Date signed Date signed Owner orOwner's Representative (signing on behalf of owner) S?�. r��. Apartment Lease ConVact, TAA Official Statewide Form 23-A/B-1/B-2 Revised October 2023 Page 6 of 6 �� Blue Moon eSiQnature Services Document ID: 549776919 � � w . i \� \ TEXAS APAR7MENT ASSOCIATION Lease Contract Addendum for Units Participating in Government Regulated Affordable Housing Programs 1. Addendum. This is an addendum to the Lease Contract ("Lease") executed by you, the resident(s), on the dwelling you have agreed to rent. That dwelling is: Apt. # at (name of apartments) or other dwelling located at (street address of house, duplex, etc.) City/State where dwelling is located 2. Participation in Government Program. We, as the owner of thedwellingyou are renting,are participating ina government regulated affordable housing program.This program requires both you and us to verify certain information and to agree to certain provisions contained in this addendum. 3. Accurate Information in Application and for Future Re- quests. By signing this addendum, you are certifying that the information provided inthe Rental Application,a Supplemental Rental Application, orany recertification documents regarding your household annual income and other eligibility require- ments is true and accurate. Request(s) for Information. By signing this addendum, you agreethattheannual incomeand othereligibilityrequirements forparticipation inthisgovernmentregulatedaffordable hous- ing program are substantial and material obligations under the Lease. Within seven days after our request, you agree to comply with our requests for information regarding annual incomeand eligibility, including requests bytheownerandthe appropriategovernmentmonitoring agency.Theserequeststo you may be made to you now and any time during the Lease term or renewal period. 5. FailuretoAnswerorinaccuratelnformationMayBeGood Cause Grounds for Eviction. If you refuse to answer or do not provide accurate information in response to the requests in Par.4 above, it may be considered a substantial violation of the Lease and good cause grounds forterminating and/or not renewing yourLeaseandforan eviction.ltmakes nodifference whether the inaccuracy of the information you furnished was intentional or unintentional. Termination or Nonrenewal of Lease for Housing Tax Credit (HTC), HOME Program, NHTF Program and Proper- ties Owned by Public Facility Corporations. Provisions in Par.6-6.5 ofthis Addendum shall applyonlyto residents living in a dwelling covered by the HTC, NHTF and HOME programs or properties owned by a PFC underTexas Local Government Code. Par.6-6.5 ofthis Addendum also override any contrary provisions contained in the Lease. We will not evict a resident solely on the basis that the resident is or has been a victim of domesticviolence, sexual assault orstalking, or has participated, testified orassisted in any mattercovered bytheViolence Against Women Act 2022. 6.1 Housing Tax Credit Program. For rental properties par- ticipating in the HTC program, IRS Revenue Ruling 2004- 82 provides that a property owner may not evict a resident or terminate a tenancy except for good cause. In addition, for HTC units, we must provide the notice required under the Lease if evicting during the lease term or if terminat- ing your residency at the end of an initial or renewal term. In addition, for HTC units, we must provide written notice specifying the grounds for eviction during the lease term or ifwe terminate your residency at the end of the initial or renewal term. 6.2 HOME Program. For rental properties participating in the HOME program, federal regulation �4 CFR 92.253 provides that a property owner may not evict a resident or refuse to renew a Lease except for serious or repeated violations of the Lease, violations of applicable federal, state or local law, completion of the tenancy period for Transitional Housing (if applicable) or for good cause. Evictions or nonrenewal of leases for reasons other than good cause are prohibited. In addition, for HOME program units, the property owner must provide a resident with at least 30 days written notice before either seeking an eviction or not renewing a Lease. The written notice must specify the grounds for eviction or nonrenewal of the Lease. 6.3 NHTF Program. For rental properties participating in the NHTF program, federal regulation 24 CFR 93303 provides that a property owner may not evict a resident or refuse to renew a Lease except for serious or repeated violations of the Lease, violations of applicable federal, state or local law, completion of the tenancy period for Transitional Housing (if applicable) or for good cause. Evictions or nonrenewal of leases for reasons other than good cause are prohibited. In addition,for NHTF program units,the property owner must provide a written notice that specifies the grounds for evic- tion or nonrenewal of the Lease. 6.4 Properties Owned by PFCs or HFCs. For properties owned by PFCs or HFCs, the owner may only refuse to renew the lease ifthe resident: (1) is in material noncompliance with the Lease, including nonpayment of rent; (2) committed one or more substantial violations of the Lease; (3) failed to provide required information on income, composition, oreligibilityof the residenYs household; or (4) committed repeated minorvi- olations ofthe Lease that disrupt the livability of the property, adversely affect the health and safety of any person or right of quiet enjoyment of the lease premises and related devel- opmentfacilities, interferewith managementofthe develop- ment or have an adverse financial effect on the development, including failure of the resident to pay rent in a timely man- ner. In addition, we must provide a resident with at least 30 days written notice of nonrenewal of the Lease. The owner may not retaliate or take action against a resident or the resi- denYs guests because the resident established, attempted to establish or participated in a resident organization. 6.5 Good Cause. If challenged by a resident, a court may deter- mine if a property owner has good cause to evict, terminate a tenancy or not renew the Lease. We must provide a 30-day written notice before seeking an eviction for nonpayment of rent. Ifthe CARES Act is modified to eliminate the 30-day no- tice requirement, HUD or Treasury requirements will super- sede this 30-day notice requirement for nonpayment of rent. "Good cause" may include, but is not limited to, nonpayment of rent, failure to answer or provide accurate information, as required by Par. 4 and 5 of this Addendum, serious or repeat- ed Lease violations, or breaking the law. No Lien or Lockout for Unpaid Sums. For rental proper- ties that are supported by HTC allocations, sec. 2306.6738, Texas Government Code, prohibits such property owners from threateningorconductingalockoutunless: allowed by judicial procesrnecessaryto performrepairsorconstruction work; orresponding to an emergency. Personal propertyofa residentmaynotbe seized orthreatened to be seized except byjudicial process unless the premises has been abandoned as required by 24 CFR 92.253. TAA Official Statewide Form 25-V, Revised August, 2025 ^ Copyriq_ ht 2025, Texas Apartment Association, Inc LJ �� Blue Moon eSiQnature Services Document ID: 549776919 I 8. Insurance. Insurance is not required but isstill strongly recom- mended. Though not required, we urge you to get your own insurance for losses due to theft, fire, water, pipe leaks, and similar occurrences. 9. Student Status. By signing this addendum, you agree to notify the owner, in writing, if there are any changes in the student status of any residents (including replacement residents) occupying the unit. 10. Conflict with Governing Law. To the extent that any part of your Lease or this addendum conflicts with applicable federal, state, or local laws or regulations, the law or regula- tion overrides that portion of your Lease or this addendum. You are entitled to receive a copy of this Addendum after it is fullysigned. Keep it in a safe place. Resident or Residents (all sign below) Owner or Owner's Representative (sign below) ,�' S'�,p,�, Q� 12/16/2025 (NameofResidenU Datesigned L Datesigned (Name of Resident) (Name of Resident) (Name of Resident) (Name of Resident) (Name of ResidenU Datesigned Datesigned Date signed Datesigned Date signed TAA Official Statewide Form 25-V, Revised August, 2025 ^ Copyright 2025, Texas Apartment Association, Inc LJ �� Blue Moon eSiQnature Services Document ID: 549776919 � LEASE ADDENDUM FOR ADDITIONAL SPECIAL PROVISIONS Addendum. This is an addendum to the TAA Lease forApt. No. in the Texas OR the house, duplex, etc. located at (street address) Apartments in in 2. Purpose. The following special provisions become part of the Lease: . ,,, Signature ofAll Residents Texas Apartment Association Sig ture of �ner o"r Owner's Representative , Texas. �� Blue Moon eSiQnature Services Document ID: 549776919 � E- TURE CERTIFICATE �� • �� ,�:��i ,��urinb ihe signinb of this Doa�meni. DOCUMENT INFORMATION Status Completed Document ID 549776919 Date Submitted 12/16/2025 TotalPages 9 Forms Included Apartment Lease Form, Addendum for Affordable Housing, Lease Addendum for Additional Special Provisions SIGNING PARTIES DOCUMENT AUDIT 1 12/12/2025 062630 PM CST 2 12/12/2025 06:26:42 PM CST 3 12/12/2025 0626:45 PM CST 4 12/12/2025 0626:47 PM CST 5 12/12/2025 06:26:49 PM CST 6 12/12/2025 0626:50 PM CST 7 12/12/2025 0626:58 PM CST 8 12/16/2025 11:51:55 AM CST 9 12/16/2025 11:51:55 AM CST Shelby Phillips accepted Consumer Disclosure Shelby Phillips signed Apartment Lease Form 10 12/16/2025 11:51:55 AM CST 11 12/16/2025 11:51:55 AM CST 12 12/16/2025 11:51:55 AM CST 13 12/16/2025 11:51:55 AM CST Shelby Phillips dated Addendum for Affordable Housing Shelby Phillips signed Addendum for Affordable Housing Shelby Phillips signed Lease Addendum for Additional Special Provisions Shelby Phillips submitted signed documents 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 http://apps.cfwnet.org/council�acket/mc review.asp?ID=33536&councildate=8/12/2025 9/9/2025 M&C Review Page 2 of 5 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 http://apps.cfwnet.org/council�acket/mc review.asp?ID=33536&councildate=8/12/2025 9/9/2025 M&C Review Page 3 of 5 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 http://apps.cfwnet.org/council�acket/mc review.asp?ID=33536&councildate=8/12/2025 9/9/2025 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 http://apps.cfwnet.org/council�acket/mc review.asp?ID=33536&councildate=8/12/2025 9/9/2025 M&C Review 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) http://apps.cfwnet.org/council�acket/mc review.asp?ID=33536&councildate=8/12/2025 9/9/2025 F�ORT WORTH �, � . City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Cielo Place, LLC Subj ect of the Agreement: Aggrement for additional 1 year term beginning Feb1, 2026 to Jan 31, 2027, R1A1. TBRA rental assistance for client. M&C Approved by the Council? * Yes B No ❑ If so, the M&C marst be attached to the corrh�act. Is this an Amendment to an Existing contract? Yes B No ❑ csc#62s�2 If so, provide the original conh•act number arrd the amendmerrt number. Is the Contract "Permanent"? *Yes ❑ No B If z�nsu�•e, see back page for permanent conh�act listing. Is this entire contract Confidential? XYes 8 No B If only speciftc information is Confidential, please list r��hat irrformatiorr is Confrdential arrd the page it is located. Client's name on the first page Effective Date: 2/�/2o2s Expiration Date: 1 a 1Q 027 If different fi•om the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No B �`If so, please enstrre it is attached to the approving M&C or attached to the conh•act. Project Number: Ifapplicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processin� in the followin� order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) Ylndicates the info��mation is �•eqzrired and if the irrformation is not pi•ovided, the corrt�•act tii�ill be �•etzi�-rred to the department.