HomeMy WebLinkAbout061129-R2A2 - General - Contract - Arbrook Park Gardens, LPCSC No. 61129-R2A2
RENEWAL TWO AND AMENDMENT TWO
TO CITY OF FORT WORTH CONTRACT NO.61129
This Contract Renewal and Amendment is made and entered into by and between the City of
Fort Worth ("City"), and Arbrook Park Gardens, LP ("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. 61129 (the "Agreement");
WHEREAS, Yecenia Godina ("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 3.2.1 to incorporate rental obligations for the Second
Renewal Term.
NOW THEREFORE, City and Landlord do hereby agree as follows:
RENEWAL OF AGREEMENT
The Parties agree to renew the Agreement for an additional one year -term beginning April
1, 2026 and expiring March 31, 2027 ("Second Renewal Term") unless earlier terminated in
accordance with the terms of the Agreement.
II
AMENDMENTS TO AGREEMENT
1. Section 3.2 of the Agreement is hereby deleted in its entirety and replaced by
the below language:
3.2 Rent and Amounts Payable by City
3.2.1 Rent.
Initial Term:
The City has been notified that the Tenant's Total Rent during the Initial Term is $1,675.00
per month for the Unit.
From February 5, 2024 to February 29, 2024, Tenant shall be responsible for $0.00 of rent
per month. March 1, 2024 to March 31, 2025, Tenant shall be responsible for $783.00 of
rent per month. From April 1, 2025 to April 4, 2025, Tenant shall be responsible for
$104.00 prorated rent per month for the Unit.
CSC No. 59051- Renewal Two and Amendment Two
CoFW and Arbrook Park Gardens, LP
OFFICIAL RECORD
CITY SECRETARY Page 1 of
FT. WORTH, TX
From February 5, 2024 to February 29, 2024 City shall be responsible for $1,480.52 of
Prorated rent per month. From March 1, 2024 to March 31, 2025, City shall pay $892.00
for rent per month for the Unit. From April 1, 2025 to April 4, 2025, City shall pay $119.33
prorated rent.
First Renewal Term:
The City has been notified that the Tenant's Total Rent during the First Renewal Term is
$1,675.00 per month for the Unit.
From April 5, 2025 to April 30, 2025, Tenant shall be responsible for $619.00 of Prorated
rent per month. From May 1, 2025 to March 31, 2026, Tenant shall be responsible for
$714.00 of rent per month.
From April 5, 2025 to April 30, 2025, City shall responsible for $866.81 of Prorated rent
per month. From May 1, 2025 to March 31, 2026, City shall be responsible for $961.00 of
rent per month.
Second Renewal Term:
The City has been notified that the Tenant's Total Rent during the Second Renewal Term
is $1,726.00 per month for the Unit.
Tenant shall be responsible for $1,439.00 of rent per month.
City shall be responsible for $287.00 of rent per month.
A complete history of rental obligations due under this Agreement, per lease term, is
included in Attachment A. Neither City nor HUD assumes any obligation for the Tenant's
Portion of the rent, or for payment of any claim by Landlord against Tenant. The City's sole
obligation is limited to paying the City Portion of the Rent in accordance with this Agreement.
Tenant shall be liable for rent, payments, and other fees associated with the Unit and City shall not
be obligated by law or in equity for any amount other than the City Portion.
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. 59051- Renewal Two and Amendment Two Page 2 of 4
CoFw and Arbrook Park Gardens, LP
IN WITNESS WHEREOF, the parties hereto have executed this agreement, to be effective April
1, 2026.
FOR CITY OF FORT WORTH: FOR LANDLORD:
15„4 , I I � -Yancy Lorin
Dana Burghdo8 (May 1, 2026 10: .31 CDT) yancy Lann (Apr 20, 2026 12:47:58 CDT)
Name: Dana Burghdoff
Title: Assistant City Manager
Date:
05/01 /2026
APPROVAL RECOMMENDED
4a., 2 w
Kacey Thomas (Apr 27, 2026 09:03:57 CDT)
Name: Kacey Thomas
Title: Neighborhood Services Director
APPROVED AS TO FORM AND
LEGALITY
&Phre Mathews
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.
IN
Name: Julie C. Pena, MSW
Title: Sr. Human Services Specialist
Name: Yancy Larin
Title: Property Manager
Date: 04/20/2026
4 oovvnpnn
ATTEST: ,�. &X-M 00
PUS
/� ?aIlnn�gSg4
Name: Jannette Goodall
Title: City Secretary
05/01 /2026
Date:
M&C No.: 25-0676
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CSC No. 59051- Renewal Two and Amendment Two Page 3 of 4
CoFW and Arbrook Park Gardens, LP
Attachment A
History of Rental Obligations by Lease Term
Lease Term
Total Rent
Tenant's Portion
Cit 's Portion
Initial Term
$1,675
February 5, 2024 to
February 5, 2024 to
February 29, 2024:
February 29, 2024:
$0.00
$1,480.52 Prorated
March 1, 2024 to
March 1, 2024 to
March 31, 2025:
March 31, 2025:
$783.00
$892.00
April 1, 2025 to
April 1, 2025 to
April 4, 2025:
April 4, 2025:
$104.00 prorated
$119.33 prorated
First Renewal
$1,675
April 5, 2025 to
April 5, 2025 to
April 30,2025:
April 30, 2025:
$619.00 Prorated
$866.81 Prorated
May 1, 2025 to
May 1, 2025 to
March 31, 2026:
March 31, 2026:
$714.00
$961.00
Second Renewal
$1,726.00
$1,439.00
$287.00
CSC No. 59051- Renewal Two and Amendment Two Page 4 of 4
CoFw and Arbrook Park Gardens, LP
nT This Lease is valid only if filled out before January 1, 2028.
NT Apartment Lease Contract
TEXAS APARTMENT ASSOCIATION
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 'bur" refer to the owner listed below.
PARTIES
Residents
LEASE DETAILS
Owner Arbrook Park Gardens, LP
Occupants Ethan Godina, Dvrio Johnson
. Apartment (Par. 2)
. Initial Lease Term. Begins: e n s at 11:59 p.m. on: --07
ID.
. Monthly Base Rent (Par. 3) E. Security Deposit (Par. S) F. Notice of Termination or Intent to Move Out (Par.4)
1726.00 $ 1675.00 Aminimumof 60 days'writtennoticeOf
termination or intentto move out required at end of Initial Leaseterm
or during renewal period
Note that this amount does not
ProratedRent include any Animal Deposit, which Ifthe number ofdays isn't filled in, notice ofatleast 30 days
$ 1530.01 would be reflected in an Animal is►equi►ed.
Addendum.
B duefortheremainderoflst
month or
D for 2nd month
G. Late Fees (Par. 3.3)
Initial Late Fee Daily Late Fee
M 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 ofthe month
H. Returned Check or Rejected
J. Early Termination Fee Option (Par.7.2)
K. Violation Charges
Payment Fee (Par. 3.4)
$ 3452.00
$ 75.00
Animal Violation (Par.12.2)
Initial charge of $ 100.00 per animal (not
to exceed $100 per animal) and
Notice of 60 days is required.
You are noteligibleforea►lytermination if
I. Relettin Charge (Par. 7.1)
9 9
you are in default.
Adailychargeof$ 10.00 peranimal
A reletting charge of $1500.59
Fee must be paid no later than 60
days after you give us notice
(not to exceed $10 per day per animal)
(not to exceed 8S% ofthe highest
monthly Rent during the Lease term
Ifanyvalues ornumber ofdaysare blank or"0,"
Insurance Violation (Master Lease Addendum
may be charged in certain default
then this section does not apply.
or other separateaddendum)
situations
$
L. Additional Rent- Monthly Recurring Fixed Charges. You will pay separately for these items as outlined below and/or in separate addenda,
Special Provisions or an amendment to this Lease.
Animal rent $ Cable/satellite $ Internet $
Package service $ Pest control $ 2.00 Stormwateddrainage $
Trash $ 9.45 Washer/Dryer $
Other: Valet Trash $ 25.00
Other: Trash Admin Fee $ 2.95
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): $ 300000_00
Special Provisions. See Par. 32 or additional addenda attached. This Lease cannot be changed unless in writing and signed by you and us.
�7
Apartment Lease Contract 02025, Texas Apartment Association, Inc.
171 Blue Moon esi nature Services Document ID: 592603596
Page 7 of 6
I. 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. "Community Policies" are the written apartment rules and
policies, including property signage and instructions for
care of our property and amenities, with which you, your
occupants, and your guests must comply.
1.6. "Rent" is monthly base rent plus additional monthly
recurring fixed charges.
1.7. "Lease" includes this document, any addenda and
attachments, Community Policies and Special Provisions.
2. Apartment. You are leasing the apartment listed above for use 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: Gate Remote
2.2. Measurements. Any dimensions and sizes provided to you
relating to the apartment are only approximations or
estimates; actual dimensions and sizes may vary.
2.3. Representations. You agree that designations or accredi-
tations associated with the property are subject to change.
3. Rent. You mustpayyourRenton orbeforethe lstdayofeach
month (due date) without demand. There are no exceptions
regarding the payment of Rent and you agree notpaying Rent on
or before the 1st ofeach month is a material breach of this lease.
3.1. Payments. You will pay your Rent by any method, manner
and place we specify in accordance with this Lease.
Cash is not acceptable without our prior written
permission. You cannot withhold or offset Rentunless
authorized bylaw. We may, at our option, require at any
time that you pay Rent and other sums due in one single
payment by any method we specify.
3.2. Application of Payments. Payment of each sum duels 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 otherthan Rent and late fees are
due upon our demand. Afterthe due date, we do not have
to accept any payments.
3.3. Late Fees. If we don't receiveyour monthly base rent in full
when it's due, you must pay latefees as outlined in Lease Details.
3.4. Returned Payment Fee. You'll pay the fee listed in Lease
Details for each returned check or rejected electronic
payment, plus initial and daily late fees if applicable, until
we receive full payment in an acceptable method.
3.5. Utilities and Services. You'll payfor all utilities and services,
related deposits, and any charges or fees when they are due
and as outlined in this Lease. Television channels that are
provided may be changed during the Lease term lithe
change applies to all residents.
If your electricity is interrupted, you must use only battery -
operated lighting (no flames). You must not allow any
utilities (other than cable or Internet) to be cut off or
switched for any reason —including disconnection for not
paying your bills —until the Leaseterm or renewal period
ends. If a utility is individually metered, it must be connected
in your name and you must notify the provider of your move -
out date. If you delay getting service turned on in your name
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 ofthe
utilities used while the utility should have been billed to you.
If yourapartment is individually metered and you change
your retail electric provider, you must give us written notice.
You must pay all applicable providerfees, including any fees
to change service back into our name after you move out.
3.6. 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 of the
initial Lease term, Rent increases will become effective with at
least 5 days plusthe number of days' advance notice contained
in Box F on page 1 in writing from us to you. Your new Lease,
which may include increased Rent or Lease changes, will begin
on the date stated in any advance notice we provide (without
needing your signature) unless you give us written move -out
notice under Par. 25, which applies only to the end of the current
Lease term or renewal period.
Automatic Lease Renewal and Notice of Termination. This Lease
will automatically renew month -to -month unless either party gives
written notice of termination or intent to move out as required by Par.
25 and specified on page 1.lithe number ofdays isn't filledin, no-
tice ofat teast3o days is required.
Security Deposit. The total security deposit for all residents is due
on or before the date this Lease is signed. Any animal deposit will be
designated in an animal addendum. Security deposits may not be ap-
plied to Rent without our prior written consent.
5.1. Refunds and Deductions. You must give us your advance
notice of move out as provided by Par. 25 and forwarding
address in writing to receive a written description and
itemized list of charges or refund. In accordance with this
Lease and as allowed bylaw, we may deduct from your
security deposit any amounts due under this Lease. if you
move out early or in response to a notice to vacate, you'll be
liable for rekeying charges. U pon 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 laterthan 30 days after
surrender or abandonment, unless laws provide otherwise.
Any refund may be by one paymentjointly payable to all
residents and distributed to any one resident we choose,
or distributed equally among all residents.
Insurance. Our insurance doesn't cover the loss of or damage to
your personal property. You will be required to have liability insur-
ance as specified in this Lease unless otherwise prohibited by law. If
you have insurance covering the apartment or your personal belong-
ings at the time you or we suffer or allege a loss, you agree thatyou
will request and obtain from your insurance carrier a waiver of the in-
surance carrier's 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 occurrences, Most renter's insurance policies
don't cover losses due to a flood.
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 fora reletting charge as
listed in Lease Details, (not to exceed 85% of the highest
monthly Rent during the Lease term) if you: (A) fail to move in,
or fail to give written move -out notice as required in Par. 25;
(B) move out without paying Rent in full forthe entire Lease
term or renewal period; (C) move out at our demand because
of your default; or (D) are judicially evicted. The reletting
charge is not a termination, cancellation or buyout fee and
does not release you from your obligations under this Lease,
including liability forfuture 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
yourtermination rights referred to in 7.3 or 8.1 below, ifthis
provision applies under Lease Details, you may opt to
terminate this Lease prior to the end of the Lease term ifall of
the following occur. (a) as outlined in Lease Details, you give
us written notice of early termination, pay the Early Termina-
tion Option fee in full and specify the date by which you'll
move out; (b) you are not in default at any time and do not
holdover and (c) you repay all rent concessions, credits or
discounts you received during the Lease term. if you are in
default, the Lease remedies apply.
7.3. Special Termination Rights. You mayhave the right under
Texaslaw to terminate this Lease earlyin certain situations
involving military deployment ortronsfer, 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
resident's holding over. This Lease will remain in farce subject to
(1) abatement of Rent on a daily basis during delay, and (2) your right
to terminate this Lease in writing as set forth below. Rent abatement
and Lease termination do not apply if the delay is for cleaning or re-
pairs that don't prevent you from moving Into the apartment.
8.1. Termination. 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.
Apartment Lease Contract 02025, Texas Apartment Assoc' tion, Inc. Page 2of6
Blue Moon e51 nature Services Document ID: 562603596
9. Care of Unit and Damages. You must promptly pay or reimburse us
for loss, damage, consequential damages, government fines orcharg-
es, or cost of repairs or service in the apartment community because
ofa 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 orwastewaterstoppage is due to ournegligence,
we're notliable for —and you mustpayfor—repairs and replace-
ments occurring during the Lease term orrenewaiperiod, includ-
ing: (A) damage from wastewaterstoppages caused byimproper
objectsin lines exclusivelyserving you apartment, (8) damage to
doors, windows, orscreens; and (C) damage from windows or doors
leftopen.
10. Community Policies. Community Policies becomepart ofthis
Lease andmustbe followed. We may make changes, including addi-
tions, to our written Community Policies, and those changes can be-
come effective immediately if the Community Policies are distributed
and applicable to all units in the apartment community and do not
change the dollar amounts owed under this Lease.
10.1. Photo/Video Release. You give us permission to use any
photograph, likeness, image or video taken of you while
you are using property common areas or participating in
any event sponsored by us.
10.2. Disclosure of Information. At our sole option and as allowed
by law, we may, but are not obligated to, share and use infor-
mation 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 4 days in any one month.
10.4. Notice of Convictions and Registration. You must
notify us within 15 days if you or any of your occupants:
(A) are convicted of any felony, (B) are convicted of any
misdemeanor involving a controlled substance, violence to
another person, or destruction of property, or (C) register as a
sex offender. Informing us ofa criminal conviction or
sex -offender registration doesn't waive any rights we may
have against you.
10.5. Odors, Noise and Construction. You agree that odors
and smells (including those related to cooking),
everyday noises or sounds related to repair, renovation,
improvement, or construction in or around the property
are all a normal part 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 or threatening violence; possessing
a weapon prohibited by state law; discharging a firearm
in the apartment community; or, except when
allowed by law, displaying or possessing a gun, knife,
or other weapon in the common area, or in a way that
may alarm others;
(b) behaving in a loud, obnoxious or dangerous manner;
(c) disturbing orthreatening the rights, comfort, health, safety,
or convenience ofothers, including us, our agents, or our
representatives;
(d) disrupting our business operations;
(e) storing anything in closets containing water heaters or
gas appliances;
(f) tampering with utilities or telecommunication
equipment;
(g) bringing hazardous materials into the apartment
community;
(h) using windows forentry orexit;
(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;
(1) using glass containers in or near pools, or
(m) conducting any kind of business (including child-care
services) in your apartment or in the apartment
community —except for any lawful business
conducted "at home" by computer, mail, or telephone if
customers, clients, patients, employees or other
business associates do not come to your apartment
for business purposes.
12. Animals. Moliving creatures ofanykindareallowed, even tempo-
rarily, anywhere in the apartment or apartment communityun-
less we've given written permission. If we allow an animal, you must
sign a separate Animal Addendum and, except as set forth in the ad-
dendum, pay an animal deposit and applicable fees and additional
monthly rent, as applicable. An animal deposit is considered a gener-
al security deposit. You represent that any requests, statements and
representations you make, including those for an assistance or sup-
port animal, are true, accurate and made in good faith. Feeding stray,
feral or wild animals is a breach of this Lease.
12.1. Removal of Unauthorized Animal. We may remove an
unauthorized animal by (1) leaving, in a conspicuous
place in the apartment, a written notice of our intent to
remove the animal within 24 hours; and (2) following the
procedures of Par.14. We may: keep or kennel the animal;
turn the animal over to a humane society, local authority
or rescue organization; or return the animal to you if
we consent to your request to keep the animal and you
have completed and signed an Animal Addendum and
paid all fees. When keeping or kenneling an animal, we
won't be liable for loss, harm, sickness, or death of the
animal unless due to our negligence. You must pay for
the animal's reasonable care and kenneling charges.
12.2. Violations of Animal Policies and Charges. Ifyouor
any guest or occupant violates the animal restrictions of
this Lease or our Community Policies, you'll be subject to
charges, damages, eviction, and other remedies
provided in this Lease, including animal violation charges
listed in Lease Details from the date the animal was
brought into your apartment until it is removed. If an
animal has been in the apartment at any time during
your term of occupancy (with or without our consent),
we'll charge you for all cleaning and repair costs,
including defleaing, deodorizing, and shampooing. Initial
and daily animal -violation charges and animal -removal
charges are liquidated damages for our time,
inconvenience, and overhead in enforcing animal
restrictions and Community Policies.
13. Parking. You may not be guaranteed parking. We may regulate the
time, manner, and place of parking of al I motorized vehicles and
other modes oftransportation, including bicycles andscooters, in
this Lease. In addition to other rights we have to tow or boot vehicles
understate law, we also have the right to remove, at the expense of
the vehicle owner or operator, any veh icle 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.
Apartment Lease Contract 02025, Texas Apartment Association, Inc.
Blue Moon eSi nature Services Document ID: 562603596
Page 3 of 6
15. Requests, Repairs and Malfunctions.
15.1. Written Requests Required. Ifyou or any occupantneeds
to send a request —for example, for repairs, installations,
services, ownership disclosure, orsecurity-related matters —
it must 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 or threats to health or
safety, such as fire, smoke, gas, explosion, or crime in
progress). Our written notes regarding your oral request do
not constitute a written request from you. Our complying
with or responding to any oral request doesn't waive the strict
requirement for written notices under this Lease. A request
for maintenance or repair by anyone residing in your
apartment constitutes a request from all residents. The time,
manner, method and means ofperforming maintenance
and repairs, including whether or which vendors to use,
are within our sole discretion.
15.2. Your Requirement to Notify. You must promptly notify us in
writing of air conditioning or heating problems, water leaks or
moisture, mold, electrical problems, malfunctioning lights,
broken or missing locks or latches, or any other condition that
poses a hazard or threat to property, health, or safety. Unless
we instruct otherwise, you are required to keep the
apartment cooled or heated according to this Lease. Air
conditioning problems are normally not emergencies.
15.3. Utilities. We may change or install utility lines or
equipment serving the apartment if the work is done
reasonably without substantially increasing your
utility costs. We may turn off equipment and interrupt
utilities as needed to perform work or to avoid
property damage or other emergencies. If utilities
malfunction or are damaged by fire, water, or similar
cause, you must notify our representative immediately.
15.4. Your Remedies. We'll act with customary diligence to
make repairs and reconnections within a reasonable
time, taking into consideration when casualty -insurance
proceeds are received. Unless required by statute after
a casualty loss, or during equipment repair, your Rent
will not abate in whole or in part. "Reasonable time"
accounts for the severity and nature of the problem and
the reasonable availability of materials, labor, and
utilities. Ifwe fail to timely repair a condition that
materially affects the physical health orsafety ofan
ordinary resident as required by the Texas Property Code,
you maybe entitled to exercise remedies under § 92.056
and § 92.0561 of the Texas Property Code. If you follow
the procedures under those sections, the following
remedies, among others, may be available to you:
(?)termination of this Lease and an appropriate refund
under 92.056(f), (2) have the condition repaired or
remedied according to § 92.0561,*(3) deduct from the Rent
the cost of the repair or remedy according to § 92.0561;
and 4) judicial remedies according to § 92.0563.
16. Our Right to Terminate for Apartment Community Damage or
Closure. If, in our sole judgment, damages to the unit or building are
significant or performance of needed repairs poses a danger to you,
we may terminate this Lease and your right to possession by giving
you at least 7 days' written notice. If termination occurs, you agree
we'll refund only prorated rent and all deposits, minus lawful deduc-
tions. We may remove, store, ordispose of your personal property if,
in our solejudgment, it poses a health or safety hazard or impedes
our ability to make repairs.
16.1. Property Closure. We also have the right to terminate
this Lease and your right to possession by giving you at
least 30 days' written notice oftermination if we are
demolishing your apartment or closing it and it will no
longer be used for residential purposes for at least 6
months, or if any part of the property becomes subject to
an eminent domain proceeding.
17. Assignments and Subletting. You may not assign this Lease or sub-
let your apartment. You agree that you won't rent, offer to rent or
license all or any part of your apartment to anyone else unless other-
wise agreed to in advance by us in writing. You agree that you won't
accept anything of value from anyone else for the use of any part of
your apartment. You agree not to list any part of your apartment on
any lodging or short-term rental website or with any person or ser-
vice that advertises dwellings for rent.
18. Security and Safety Devices. We'll pay for mis_sina security_devic-
es that are required bylaw. Your�l I pay for: j_AJ rekey ing that you
reguest.(unless we failed to rekev.after the previous resident
moved out -and B) repairs or replacements because of misuse
or damage byyou or your family, your occupants, or your guests.
You must pay immediately after the work is done unless state law au-
thorizes advance payment. You must also pay in advance for any ad-
ditional or changed security devices you request.
Texas Property Code secs. 92.151, 92.153, and 92.754 require, with
some exceptions, that we provide at no cost to you when occupancy
begins: (A) a window latch on each window; (B) a doorviewer (peep-
hole or window) on each exterior door; (C) a pin lock on each sliding
door; (D) either a door -handle latch or a security bar an each sliding
door; (E) a keyless bolting device (deadbolt) on each exterior door,
and (F) either a keyed doorknob lock or a keyed deadbolt lock on
one en try door. Keyed locks will be rekeyed after the prior resident
moves out. The rekeying will be done either before you move in or
within 7 days after you move in, as required by law. Ifwe fail to in-
stall or rekey security devices as required by law, you have the right
to do so and deduct the reasonable cost from your next Rent pay-
ment under Texas Property Code sec.92.165(7). We may deactivate
or not install keyless bolting devices on your doors if (A) you or an
occupant in the dwelling is over 55 or disabled, and (8) 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 of alerting a person with a
hearing impairment.
You must payfor and replace batteries as needed,
unless the law provides otherwise. We may replace dead
or missing batteries at your expense, without prior notice
to you. Neither you nor your guests or occupants may
disable alarms or detectors. If you damage or disable the
smoke alarm orremove a battery without replacing it
with a working battery, you may be liable to us under
Texas Property Code sec.92.2611 for $ 100 plus one
month's Rent, actual damages, and attorney's fees.
18.2. Duty to Report. You must immediately report to us any
missing, malfunctioning or defective security devices,
smoke alarms or detectors. You'll be liable if you fail to
report malfunctions, or fail to report any loss, damage, or
fines resulting from fire, smoke, or water.
19. Resident Safety and Loss. Unless otherwise required bylaw, 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, or loss of business orpersonal income,
from any cause, including but not limited to: negligent or intention-
al acts of residents, occupants, or guests theft, burglary, assault,
vandalism or other crimes, fire, flood, water leaks, 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 agree that you will not
rely upon any security measures taken by us for personal security,
and that you will call 911 and local law enforcement authorities if any
security needs arise.
You acknowledge that we are not equipped or trained to provide
personal security services to you, your guests or occupants. You rec-
ognize that we are not required to provide any private security ser-
vices and that no security devices or measures on the property are
fail-safe. You further acknowledge that, even ifan alarm or gate ame-
nities are provided, they are mechanical devices that can malfunc-
tion. Any charges resulting from the use of an intrusion alarm will be
charged to you, including, but not limited to, any false alarms with
police/fire/ambulance response or other required city charges.
20. Condition of the Premises and Alterations.
20.1. As -Is. We disclaim all implied warranties. You accept the
apartment, fixtures, and furniture as is, exceptfor
conditions materially affecting the health or safety of
ordinary persons. You'll be given an Inventory and
Condition Form at or before move -in. You agree that
after completion ofthe form or within 48 hours after
move -in, whichever comes first, you must note on the
form all defects or damage, sign the form, return it to
us, and the form accurately reflects the condition of the
premises for purposes of determining any refund due to
you when you move out. Otherwise, everything will be
considered to be in a clean, safe, and good working
condition. You must still send a separate request for any
repairs needed as provided by Par.15.1.
20.2. Standards and Improvements. Unless authorized by
law or by us in writing, you must not perform any repairs,
painting, wallpapering, carpeting, electrical changes, or
otherwise alter our property. No holes or stickers are
allowed inside or outside the apartment. Unless this Lease
states otherwise, we'll permit a reasonable number of small
nail holes for hanging pictures on sheetrock walls and in
grooves of wood -paneled walls. No water furniture, washing
machines, dryers, extra phone or television outlets, alarm
systems, cameras, two-way talk device, video or other door
Apartment Lease Contract 02025, Texas Apartment Association, Inc.
JvJ Blue Moon eSi nature Services Document ID: 562603596
Page4of6
bells, or lock changes, additions, or rekeying is permitted
unless required by law or we've consented in writing. You may
install a satellite dish or antenna, but only if you sign our
satellite dish or antenna lease addendum, which complies
with reasonable restrictions allowed 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,
including exterior fixtures operated from inside the
apartment; after that, you'll replace them at your expense
with bulbs ofthe same type and wattage. Your improvements
to the apartment (made with or without our consent) become
ours unless we agree otherwise in writing.
21. Notices. Written notice to or from our employees, agents, or manage-
ment company constitutes notice to or from us. Noticestoyou or any
other Resident constitute notice to all Residents. Notices and requests
from any Resident constitute notice from all Residents. Only a Resident
may can give notice of Lease termination and intent to move out under
Par.7.3. All notices and documents will be in English and, at our option,
In any other language that you read or speak
21.1. Electronic Notice. If allowed bylaw and in accordance with
this Lease, we may give you notice electronically, by email, by
phone, or by delivery to your physical address,
You agree that electronic or emailed notices from us to you
may include, without limitation, a Notice to Pay Rent or Vacate
or a Notice to Vacate. Electronic or emailed notice from you to
us must be sent to the email address and/or resident portal
specified in this Lease. You represent that you have provided
your current email address to us during the rental application
process, and agree we may use that address or any updated
address you later provide in writing, for all notices and
communications permitted under this Lease. You must notify
us in writing ifyour email address changes.
21.2. Resident Email for Notices. You furtheragree that the email
address you provided in the rental application process or any
otheremail address thatyou have used to communicatewith us
may be used for receiving a Notice to Vacate or Notice to Pay
Rent or Vacate, in addition to all other notices under this Lease.
You may update the email address in your application only by
providing written notice to us ofthe new email address.Any
notice sentto the email address you designated in your rental
application orto any other email address you have used to
communicate with us will be considered delivered when sent.
23.3. Acceleration. Unless we elect not to accelerate Rent, all
monthly Rentforthe rest ofthe Lease term or renewal
period will be accelerated automatically without notice
or demand (before or after acceleration) and will be
immediately due if, without our written consent: (A) you
move out, remove property in preparing to move out,
or you or any occupant gives oral or written notice of
intent to move out before the Lease term or renewal
period ends; and (B) you haven't paid all Rent for the
entire Lease term or renewal period. Remaining Rent will
also be accelerated ifyou'rejudicially evicted or move
outwhen we demand because you've defaulted.
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.Youlidefend fndemnifyand hold us
and our employees, agents, andmonagementcompany
harmless from all liability arising from your conduct or 24.
requests to our representatives and from the conduct of or
requests byyourinvitees, occupants orguests.
23. Default by Resident.
23.1. Acts of Default. You'll be in default if: (A) you don't
timely pay Rent, including monthly recurring charges, or
other amounts you owe; (3) 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.
23.2. Eviction. lfyoudefault, including holding over, wemayend
your rights ofoccupancyand possession by giving you at
least a 24-hour written Notice to Vacate or written Notice to
Pay Rent or Vacate, either ofwhich may be given byany method
allowed under law, including email and other electronic
means. Any notice period in a notice to vacate or notice
to pay or vacate that ends on a Saturday, Sunday, or
state or federal holiday will be shortened to end on that day
—it will not be extended to the next business day.
Termination of your possession rights doesn't release you
from liability for future Rent or other Lease obligations. After
giving Notice to Pay Rent or Vacate (if you don't timely pay)
or Notice to Vacate or filing an eviction suit; we may still
accept Rent or other sums due; the filing or acceptance
doesn'twaiveordiminish ourrightofeviction oranyother
contractual orstatutory right. Accepting money at any time
doesn't waive our right to damages, to past or future Rent or
other sums, or to our continuing with eviction proceedings.
In an eviction, Rent is owed for the full rental period and will
not be prorated.
If you don't pay the first month's Rentwhen or beforethis Lease
begins, all future Rent forthe Lease term will be automatically
accelerated without notice and become immediately due. We
also may end your tight ofoccupancyand recover damages,
future Rent, attorneys fees, court costs, and other lawful charges.
23.4. Holdover. You and all occupants must vacate and surrender
the apartment by or before the date contained in: (1) your
move -out notice (2) our Notice to Pay Rent or Vacate (if you
don't timely pay) or our Notice to Vacate, (3) our notice of non -
renewal, or (4) a written agreement specifying a different
move -out date. 0 a holdover occurs, then you'll be liable to us
for all Rent for the full term of the previously signed lease of a
new resident who can't occupy because of the holdover, and
at our option, we may extend the Lease term and/or increase
the Rent by 25% by delivering written notice to you or your
apartment while you continue to hold over.
23.5. Other Remedies. We may report unpaid amounts to
credit agencies as allowed by law. Ifwe or our debt
collector tries to collect any money you owe us, you
agree that we or the debt collector may contact you by
any legal means. If you default, you will pay us, in addition
to other sums due, any rental discounts orconcessions
agreed to in writing that have been applied to your account.
We may recover attorney's fees in connection with enforcing
our rights under this Lease. All unpaid amounts you owe bear
interest at the rate provided by Texas Finance Code Section
304.003(c) from the due date. You must pay all collection -
agency fees if you fail to pay sums due within 10 days after
you are mailed a letter demanding payment and stating that
collection -agency fees will be added if you don't pay all sums
by that deadline. You are also liable for costs to cover our time
and expenses for any eviction proceeding against you, plus
our attorney's fees and expenses, court costs, and filing fees
actually paid.
23.6. Electronic Court Appearances. You agree that, to the extent
permitted by law, any court proceeding (including an eviction
case) related to this Lease may be conducted by videoconfer-
ence, teleconference, or other available electronic means.
Nothing in this paragraph limits either party's right to request
or agree to an in -person appearance in a specific proceeding.
Representatives' Authority and Waivers. Our representatives (in-
cluding management personnel, employees, and agents) have no
authority to waive, amend, or terminate this Lease or any part ofit
unless in writing and signed, andno 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
any subsequent violation, default, or time or place of performance. Our
choice to enforce, not enforce or delay enforcement of written -no-
tice requirements, rentaidue dates, acceleration, liens, or any other
rights isn't a waiver under any circumstances. Delay in demanding
sums you owe is not waiver. Except when notice or demand is required
by law, you waive any notice and demand for performance from us ifyou
default. Nothing in this Lease constitutes a waiver of our remedies 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 applyto our employees, agents, and manage-
ment companies. No employee, agent, or management company is
personally liable for any of our contractual, statutory, or other obliga-
tions merely by virtue of acting on our behalf.
25. Move -Out Notice. Before moving out, you mustgive our represen-
tative advance written move -out notice as stated in Par. 4, even if
this Lease has become a month -to -month lease. The move -out date
can't be changed unless we and you both agree in writing.
Your move-outnotice mustcomply with each ofthe following:
(a) Unless we require more than 30 days' notice, if you give
notice on the first day ofthe month you intend to move
out, move out will be on the last day of that month.
(b) Your move -out notice must notterminate this Lease
before the end ofthe Lease term or renewal period.
(c) Ifwe require you to give us more than 30 days' written
notice to move out before the end ofthe Lease term, we
Apartment Lease Contract 02025, Texas Apartment Assa ' tion Inc. Page 5 of 6
Blue Moon eSi nature Services Document ID: 562603596
will give you 1 written reminder not less than 5 days nor
more than 90 days before your deadline for giving us
yourwritten move -out notice. If we fail to give a reminder
notice, 30 days' written notice to move out is required.
(d) You must get from us a written acknowledgment of your
notice.
26. Move -Out Procedures.
26.1. Cleaning. You must thoroughly clean the apartment including
doors, windows, furniture, bathrooms, kitchen appliances,
patios, balconies, garages, carports, and storage rooms. You
must follow move -out cleaning instructions if they have been
provided. If you don't clean adequately, you'll be liable for
reasonable cleaning charges —including charges for cleaning
carpets, draperies, furniture, walls, etc. that are soiled beyond
normal wear (that is, wear or soiling that occurs without
negligence, carelessness, accident, or abuse).
26.2. Move -Out Inspection. We may, but are not obligated to,
provide a joint move -out inspection. Our representatives
have no authority to bind or limit us regarding deductions for
repairs, damages, or charges. Any statements or estimates by
us or our representative are subject to our correction, modi-
fication, or disapproval before final accounting or refunding.
27. Surrender and Abandonment. You have surrendered the apartment
when: (A) the move -out date on your notice to us, the non -renewal
sent to you, or the Notice to Pay Rent or Vacate or Notice to Vacate
date has passed and no one is living in the apartment in our reason-
ablejudgment; or (B) apartment keys and access devices listed in
Par. 2.1 have been turned in to us —whichever happens first.
You have abandoned the apartmentwhen all ofthe following have
occurred: (A) everyone appears to have moved out in our reasonable
judgment; (B) you've been in defaultfor nonpayment of Rent for 5
consecutive days, or water, gas, or electric service for the apartment
not connected in our name has been terminated or transferred; and
(C) you've not responded for 2 days to our notice left on the inside of
the main entry door stating that we consider the apartment aban-
doned. An apartment is also considered abandoned 10 days after the
death of a sole resident.
27.1. The Ending of Your Rights. Surrender, abandonment, or
judicial eviction ends your right of possession for all purposes
and gives us the immediate right to clean up, make repairs in,
and relet the apartment; determine any security -deposit
deductions; and remove or store property left in the apartment.
27.2. Removal and Storage of Property. We, or law officers, may —
but have no duty to —remove or store all property that in our
solejudgment belongs to you and remains in the apartment
or in common areas (including any vehicles you or any
occupant or guest owns or uses) after you're judicially evicted
or if you surrender or abandon the apartment.
We're not liable for casualty, loss, damage, or theft. You
must pay reasonable charges for our packing, removing and
storing any property.
Except for animals, we may throw away or give to a charitable
organization all personal property that is:
(1) left in the apartment after surrender or abandonment; or
(2) left outside more than 1 hour after writ of possession is
executed, following judicial eviction.
An animal removed after surrender, abandonment, or eviction
may be kenneled or turned over to a local authority, humane
society, or rescue organization.
28. TAA Membership. We, the management company representing us,
or any locator service that you used confirms membership in good
standing of both the Texas Apartment Association and the affiliated
local apartment association 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
ofthe 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 affidavit from the affiliated local
apartment association attesting to nonmembership when this Lease
or renewal was signed will be conclusive evidence of nonmembership.
Governmental entities may use TAA forms if TAA 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 the re-
mainder ofthis Lease or change the intent of the parties. Paragraphs
10.1,10.2,16, 22.1, 27,30 and 31 shall survive the termination of
this Lease.This Lease binds subsequent owners.
30. Controlling Law. Texas law governs this Lease. All litigation arising
under this Lease and all Lease obligations must be brought in the
county, and precinct if applicable, where the apartment is located.
31. Waivers. By signing this Lease, you agree to the following:
31.1. Class Action Waiver. You agree that you wil I not participate
in any class action claims against us or our employees, agents,
or management company. You must file any claim against us
individually, and you expressly waive yourright to bring,
represent join orotherwise maintain a class action,
collective action orsirri proceeding against us in
anyforum.
YOU UNDERSTAND THAT, WITHOUT THIS WAIVER. YOU
COULD BE A PARTY IN A CLASS ACTION LAWSUIT. BY
SIGNING THIS LEASE, YOU ACCEPTTHIS WAIVER AND
CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY.
THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE
THE TERMINATION OR EXPIRATION OF THIS LEASE.
31.2. Force Majeure. if we are prevented from completing substan-
tial performance of any obligation under this Lease by
occurrences that are beyond our control, including but
not limited to, an act of God, strikes, epidemics, war, acts of
terrorism, riots, flood, fire, hurricane, tornado, sabotage or
governmental regulation, then we shall be excused from any
further performance of obligations to the fullest extent
allowed by law.
32. Special Provisions. The following, or attached Special Provisions and
any addenda or Community Policies provided to you, are part of this
Lease and supersede any conflicting provisions in this Lease.
Ownership Entitv: Arbrook Park Gardens.
LP. Rent Payments: We require that
payments be made through the resident
portal found at www.
harborgroupmanagement.com/residents,
for convenience and security. Online
Payment options include recurring
monthly ACH debit, on —demand ACH
payments and Credit/Debit Card
payments. After two payments are
returned for non —sufficient funds or
two online payments (ACH, debit/credit)
fail to process within a 12—month
period, payments for the next six
months must be paid by secured funds.
This includes CashPay or Credit Cards
(like Visa, MasterCard or Discover)
(which Fees may apply). Certified Funds
will only be accepted if required by
lair.
Before submitting a rental application or signing this Lease, you
should reviewthe documents and mayconsult an attorney. You are
bound by this Lease when it is signed.An electronic signature is
binding. This Lease, including all addenda, is the entire agreement
between you and us. You agree that you are NOT relying on any
oral representations.
Resident or Residents (all sign below)
Date signed
(Name of Resident)
Date signed
(Name of Resident)
Date signed
(Name of Resident)
Date signed
(Name of Resident)
Date signed
(Name of Resident)
Date signed
Owner or Owners Representative (signing on behalf of owner)
sAanca/.r""
Apartment Lease Contract, TAA Official Statewide Form 25-A/B-1 /B-2 Revised October2025 Page 6 of 6
Wr Blue Moon eSi nature Services Document ID: 562603596
i. Addendum. This is an addendum to the TAA Lease Contract for Apt. No. at (street address)
in _, Texas. OR the house, duplex, etc. located at (street address)
in Texas. The terms of this addendum will control if the terms of
the Lease and this addendum conflict.
2. Mutual conservation efforts. We agree to use our best efforts to repair any water leaks inside or outside your
apartment no later than 7 days after we learn about them. You agree to use your best efforts to conserve water and
notify us of leaks.
s. Your payment due date. Payment of your water and wastewater bill is due 16 days after the date it is postmarked or
hand delivered to your apartment. You agree to mail or deliver payment to the place indicated on your bill so that
payment is received no later than the due date. You will pay a late charge of 5% of your water and wastewater bill if we
do not receive your payment on time.
4. Previous average. As required under PUC rules, you are notified that the average monthly bill for all dwelling units in
the previous calendar year was $ 87.86 per unit, varying from $ 38.22 to $ 283.52
for the lowest to highest month's bills for any unit in the apartment community for this period, if such information is
available. The above amounts do not reflect future changes in utility company water rates, weather variations, total
water consumption, residents' water consumption habits, etc.
5. Right to examine records. During regular weekday office hours, you may examine: (1) our water/wastewater bills
from the utility company; (2) our calculations of your monthly allocations; and (3) any other information available to you
under PUC rules. Please give us reasonable advance notice to gather the data. Any disputes relating to the
computation of your bill will be between you and us.
One of the following applies:
O Submeter billing procedures
A. Your monthly water and wastewater bill will be submetered. Please see the applicable rules of the PUC
(attached).
B. As permitted by state law, a service fee of % (not to exceed 9%) will be added to your monthly
water -service charges.
C. No other administrative or other fees will be added to your bill unless expressly allowed by law or PUC rules. No
other amounts will be included in the bill except your unpaid balances and any late fees (if incurred by you). If
we fail to pay our mastermeter bill to the utility company on time and incur penalties or interest, no portion of
these amounts will be included in your bill.
D. Any dispute relating to the accuracy of any submetering device will be between you and us.
E. We will bill you monthly for your submetered water consumption from approximately the day of
the month to the day of the month, the latter being our scheduled submeter-reading date. Your
bill will be calculated in accordance with PUC rules and this Addendum and will be prorated for the first and last
months you live in the unit.
® Allocation billing procedures
A. Your monthly water and wastewater bill will be allocated. Please see the applicable rules of the PUC (attached).
B. Common area deduction. Before calculating your portion of the bill, we will deduct for irrigation of landscaping
and all other common area uses, as required by PUC rules. We will also deduct for any utility company base
charges and customer service charges so that you won't be paying any part of such charges for vacant units.
No administrative or other fees will be added to the total mastermeter water/wastewater bill(s) to be allocated
unless expressly allowed by PUC rules. No other amounts will be included in the bill except your unpaid
balances and any late fees you incur. If we fail to pay our mastermeter bill to the utility company on time and
incur penalties or interest, no portion of such amounts will be included in your bill.
C. The allocation method that we will use in calculating your bill is noted below and described in the following
subdivision of Section 24.281 of the PUC rules (check only one):
0 subdivision (i) actual occupancy;
O subdivision (ii) ratio occupancy (PUC average for number of occupants in unit);
O subdivision (iii) average occupancy (PUC average for number of bedrooms in unit);
O subdivision (iv) combination of actual occupancy and square feet of the apartment; or
O subdivision (v) submetered hot/cold water, ratio to total.
D. The normal date on which the utility company sends its monthly bill to us for the water/wastewater mastermeter
is about the 12 day of the month. Within 10 days thereafter, we will try to allocate that mastermeter
bill among our residents by allocated billings.
Special provisions:
Blue Moon esi nature Services Document ID: 562603596
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Pr Blue Moon eSk nature Services Document ID: 562603596
M&C Review Page 1 of 5
A
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGEND FORTYRT111
Create New From This M&C
192025-2026 H U D
DATE: 8/12/2025 REFERENCE NO.: M&C 25-0676 LOG NAME: ANNUAL ACTION
PLAN
CODE: C TYPE: NON- PUBLIC CONSENT HEARING: YES
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 staffs 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\% 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\%) 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\% 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
CONSOLIDATED PLAN
PROGRAM
AMOUNT
GOAL
Housing Channel
Affordable Housing
Housing Counseling &
$111,000.00
Education
Meals -On -Wheels, Inc. of
Healthy Living and
Nutrition Program
$120,000.00
Tarrant County
Wellness
Money Smart+ Elder
Guardianship Services Inc.
Aging In Place
Financial Fraud
$80,000.00
Prevention Workshops
United Community Centers, Inc
Children and Youth
Education Literacy
$125, 000.00
Services
Program
Boys & Girls Club of Greater
Children and Youth
Youth Development at
lEastside �F
$72,000.00
Tarrant County
Services
Branch
Girls Inc of Tarrant County
Children and Youth
Whole Girl Program
$90,281.00
Services
Camp Fire First Texas
Children and Youth
Teens In Action
$62, 184.00
Services
Junior Achievement of the
Children and Youth
Cradle to Career
Chisholm Trail, Inc.
Services
Initiative
$50,000.00
The Women's Center of Tarrant
Economic Empowerment
Employment Solutions
$90,000.00
County
and Financial Resilience
Easter Seals North Texas, Inc.
Economic Empowerment
Employment Services
$92,000.00
and Financial Resilience
Homelessness
Presbyterian Night Shelter
Prevention and Special
Moving Home Program
$175,000.00
Needs Support
CDBG Public Services Agencies Total
$1,067,465.00
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M&C Review
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'Rehabilitation, Education and
Accessibility
Advocacy for Citizens with
Improvements
Project Ramp
$165,000.00
Handicaps dba REACH, Inc.
"Fort Worth Area Habitat for
Humanity, Inc. DBA Trinity
Housing Preservation and
Rehabilitation
Cowtown Brush Up
$500,000.00
Habitat for Humanity
CDBG Subrecipient Agencies Total
$665,000.00
TOTAL CDBG CONTRACTS
$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
AMOUNT
GOAL
HOPWA Program -
Administration, Tenant -
Based Rental Assistance
Tarrant County
Homelessness Prevention
(TBRA), Short -Term
Samaritan Housing,
and Special Needs
Rent, Mortgage, and
$1,406,188.00
Inc.
Support
Utility Assistance
(STRMU), Supportive
Services, Facility -Based
Operations (FBO)
The Housing Assistance
Program
- Administration, Tenant -
AIDS Outreach
Homelessness Prevention
Based Rental Assistance
Center, Inc.
and Special Needs
(TBRA), Short -Term
$264,680.00
Support
Rent, Mortgage, and
Utility Assistance
(STRMU), Supportive
Services
TOTAL HOPWA CONTRACTS
$1,670,868.00
Emergency Solutions Grants Contracts
TABLE 3: ESG AGENCIES
AGENCY
CONSOLIDATED PLAN
GOAL
PROGAM
AMOUNT
The Presbyterian Night
Shelter of Tarrant County,
Homelessness Prevention and
Shelter
$139,491.00
Inc.
Special Needs Support
Operations/Services
Lighthouse for the
Homeless dba True Worth
Homelessness Prevention and
Day Shelter
$150,000.00
Place
Special Needs Support
Operations/Services
Homelessness Prevention and
Homelessness
The Salvation Army
Special Needs Support
Prevention
$127,141.00
Center for Transforming
Homelessness Prevention and
[Rapid Re -Housing
$73,000.00
Lives
Special Needs Support
IF—
11
$80,000.00
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M&C Review Page 5 of 5
afeHaven of Tarrant Homelessness Prevention and 11ODerati
Shelter
ountv Special Needs Support
ITOTAL ESG CONTRACTS 11$569.632.001
All figures have been rounded to the nearest dollar for presentation purposes.
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
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by: Dana Burghdoff (8018)
Originating Department Head: Kacey Bess (8187)
Additional Information Contact: Juliet Moses (6203)
ATTACHMENTS
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FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: Arbrook Park Gardens, LP
Subject of the Agreement: Agreement for additional 1 year term beginning April 1, 2026
and expiring March 31, 2027, R2A2. TBRA rental assistance for HOPWA client.
M&C Approved by the Council? * Yes 0 No ❑
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes 0 No 0 R2A2 for CSC# 61129
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes ❑ No 0
If unsure, see backpage for permanent contract listing.
Is this entire contract Confidential? *Yes 0 No 0 If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Client's name on the first page
Effective Date: 4/1 /2026
If different from the approval date.
Expiration Date: 3/31 /2027
If applicable.
Is a 1295 Form required? * Yes ❑ No 21
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: If applicable.
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 0 No ❑
Contracts need to be routed for CSO processing in the followingorder:
rder:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.