Just because it’s cold outside doesn’t mean you can’t spend time in your garden. Tool maintenance and prepping your landscape for new plantings are two tasks you can tend to now.Winter has arrived, but just because it's cold outside doesn’t mean you can’t spend time in your garden. Tool maintenance and prepping your landscape for new plantings are two tasks you can tend to now.
You’re probably looking for an excuse to get out of the house anyway so why not tackle activities that can be done when the weather isn’t perfect? There are several chores you can do to keep up your garden during the cold months. Tool maintenance is especially important as is prepping your landscape for new plantings. Tools that haven’t been cared for or properly maintained will not work to your advantage when it comes time to use them. You will spend more time trying to get the job done and may even have to chuck the tools in the garbage can and start over. Tackle tools:
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Click heYou love the house, but just found out it’s already under contract. What can you do? Time to think about submitting a backup offer. In Texas, we have the Addendum for “Back-Up” Contract that helps us write up an offer that can be signed off on and secures the buyer a second place position to purchase the home. While no one likes to play second fiddle, the backup offer (which becomes a backup contract once all parties sign off on it) secures the second set of buyers the home should the first contract terminate. Backup offers are often used in hot markets when homes are flying off the shelves and also when we see a lot of homes being bought contingent on the sale of another home. Let’s dissect the Addendum for “Back-Up” Contract and see how it works.re to edit. ADDENDUM FOR “BACK-UP” CONTRACT A. The contract to which this Addendum is attached (the Back-Up Contract) is binding upon execution by the parties, and the earnest money and any Option Fee must be paid as provided in the Back-Up Contract. The Back-Up Contract is contingent upon the termination of a previous contract (the First Contract) dated _______________ , ____ , for the sale of Property. Except as provided by this Addendum, neither party is required to perform under the Back-Up Contract while it is contingent upon the termination of the First Contract.
Section A starts off starts off as a sort of preamble to the addendum, explaining what it is that the form is doing. This section sets up the backup offer to become a backup contract. If all parties sign off on the contract along with this addendum, it becomes a legally binding contract to purchase the home, just like any other contract, except it puts in the requirement that second contract (the backup) becomes contingent on the termination of the first. The last sentence effectively places on hold all performance requirements of the contract (except those mentioned here in the addendum), until the first contract terminates. It is important to note, that while the contract is effectively put on hold by this addendum, the contract is still considered to be executed on the date of the contract (ie now rather than later) and is a real, legally binding contract. Many people think of it as a “handshake” deal, but this is dangerous thinking. As a buyer, you are legally obligated to buy the house now and the seller is legally obligated to sell it to you as long as the conditions set forth in the addendum occur, and there is no walking away just because you found something better. Earnest Money and the option fee are both paid as usual and the contract is to be submitted to the Title Company (not held onto in a drawer somewhere – yes agents, we’re looking at you!). The buyer effectively begins their Option Period (if they elected to have one) – we’ll discuss that a bit more in depth below. B. If the First Contract does not terminate on or before _______________ , ____ ,the Back-Up Contract terminates and the earnest money will be refunded to Buyer. Seller must notify Buyer immediately of the termination of the First Contract. For purposes of performance,the effective date of the Back-Up Contract changes to the date Buyer receives notice of termination of the First Contract (Amended Effective Date). The backup offer is now a backup contract and this section puts a clause into place that requires the first contract to either terminate on or before the date listed or the backup contract will terminate. It requires the earnest money to be refunded to the (backup) buyer if it is terminated. The option fee is not refunded as the buyer paid for the right to terminate the contract – not for the act of terminating itself. Logically, the seller must let the buyer know immediately about the termination of the original contract, as it affects when the backup contract moves into the first position and becomes the “active” contract. Most importantly, the effective date (which is written on Page 8 on the 1-4 Family Residential Contract and is the date when all parties agree to the terms of an offer, sign off on it, and effectively turn it into a contract), is amended to be the date that the backup buyer receives notice of the first contract’s termination. We often describe the effective date as the start of the clock. The minute a contract is signed off on and executed, all timelines are based on that effective date. With the backup contract, you have an effective date on the contract, but it is reset once the contract loses its backup status and moves into the primary position, essentially restarting the clock. C. An amendment or modification of the First Contract will not terminate the First Contract. This is pretty simple – if the first contract is modified or amended, it does not terminate it. That contract can be modified or amended as much as needed during the course of its life. This section makes this item clear to all parties so there is no room for disputes later. D. If Buyer has the unrestricted right to terminate the Back-Up Contract, the time for giving notice of termination begins on the effective date of the Back-Up Contract, continues after the Amended Effective Date and ends upon the expiration of Buyer’s unrestricted right to terminate the Back-Up Contract. This is a big one. The option period has a timeline (determined by the contract – it is a negotiable amount of time) and it is based on the effective date. However, when in the backup position, all performance items are effectively frozen in time (see Section A.) and the option period is no different. While in a backup contract, if the buyer has paid for an option period and the unrestricted right to terminate, that option period is in effect from the day the backup offer is executed and turned into a backup contract and continues through the time they are in the backup position. Once the first contract is terminated and the backup contract becomes the primary contract, the effective date is amended (see Section B.) and the timeline for the option period is reset to work from that amended effective date. This gives the buyer a much longer option period and allows them to restart their option period once they become the contract in play. E. For purposes of this Addendum, time is of the essence. Strict compliance with the times for performance stated herein is required. Like all real estate items that have timelines based on the effective date and performance items, Time of of the essence. This statement serves to notify all parties that there is a ticking clock and that certain items are based on performance within specific timelines – failure to perform those items in time could have legal consequences. This is a common notification on real estate contracts as many items in the contract must be performed in time in order to avoid negative consequences.to edit. Military business directories such as Veteran’s List and The Rosie Network show that many veterans and military spouses have transitioned from military life and created successful businesses. You can find retired and separated military families throughout the country. At the recent USAA DigitalMilEx (#USAADigiMil) conference in San Antonio, a speaker raised the point that military families tend to go to one of three locations when selecting their final PCS station. In a talk entitled “I’m Going to Leave Active Duty, Now What?” Eric Endquist, the Assistant Vice President of Military Transitions at USAA, shared that geography is a huge factor for military families making their final PCS decision. He explained that the three primary geographical choices that military families select when picking their final PCS station are:
When the military has decided where you live for so long, it can be hard to make that decision for yourself. While retiring to paradise--a remote island in the Caribbean, for instance--may sound idyllic and keep you motivated to continue to save for that retirement, that type of retirement may not serve as the best choice for most military families. In lieu of either paradise or orders, military families default to friends and family. Why shouldn’t we seek an opportunity to live near our support groups--our friends on base or our family? According to USAA, choosing your final PCS station based on this geographical reason is a problem. Endquist explains that this is a problem because it’s not the most conducive to finding the best opportunities for employment post-military separation. Instead, Endquist suggests that military families should select a post-separation location based on what you want to do with your life. He explained that prior to separation or military retirement, servicemembers should evaluate their post-military goals, which might include:
Any military spouse can tell you how challenging it is to find a job that is not only portable, but which also includes potential for advancement. Factor in a still-struggling economy, and spouses can find themselves frustrated at a perceived lack of job opportunities. And consider that many of us end up with several different career paths over the course of our adult lives—I can attest to this, as I’ve worked as a Registered Nurse, musician, stay-at-home mom, writer, and editor! I once dreaded job interviews where I was inevitably asked the often make-or-break question, “How long will you live here?” But with telecommuting becoming commonplace and a more mobile society than ever before, the outlook is bright. There are even companies like AAFES which specifically recruit military spouses. So what are these jobs and what sort of training do you need? Read on! I considered the following factors when compiling this list:
Who knows? Maybe you just might find your dream job on this list! Here, in no particular order, are: 10 Hot Jobs for Military Spouses in 20151. Recreation and fitness worker Education: Certification related to specialty, with those in managerial positions requiring at least an associate degree in business administration, public administration, or parks and recreation. This is a quickly growing field, and opportunities abound on or near military installations. Positions include work in fitness centers, as personal or corporate trainers, or in positions as swim instructors and coaches. 2. Web developer Education: Employers generally prefer a bachelor's degree in a computer-related area such as computer science or information technology, but you may be able to snag a web developer position if you have technical skills and practical experience, with some experts admitting that experience in this field can be more valuable than certification. Web development is one of the fastest growing jobs with a projected 20.1% employment growth over the next ten years. There is often the option to work remotely. 3. Dental hygienist Education: associate or bachelor’s degree in dental hygiene, as well as state licensing. Dental hygiene is one of the top rated healthcare jobs and often allows for part-time work, with employment for dental hygienists projected to grow faster than any other healthcare field. More than half of all dental hygienists work part-time. Military spouses cite the flexible hours and opportunity to exercise people skills as a major draw. 4. Registered nurse Education: associate or bachelor’s in nursing and passing national licensing exam. Nursing is experiencing unprecedented growth, with the Bureau of Labor anticipating 526,800 brand new jobs by 2022. This is accompanied by a low unemployment rate of 2.6%, making it easier for experienced nurses to find positions when relocating, whether in hospitals, community clinics, schools, or camps. 5. Direct sales Education: training set by company. If you’ve experienced a home party for boutique jewelry, cosmetics, skin care, or food products, then this option might interest you. Low start-up costs and brand recognition with its built-in customer base make this appealing to many military spouses, along with flexible hours and a portable business model. 6. Childcare Education: high school diploma, along with certifications required by employer or state. Management levels may require degree in early childhood education or other field. Many spouses find working in their installation’s childcare center or as an in-home provider a good fit, as certifications and background clearances usually transfer, along with the benefit of spousal hiring preference. Those employed as in-home childcare providers must meet state and local requirements, and may find the ability to set their own hours and care for their own children a draw. 7. Software developer Education: A bachelor’s degree in Computer Science is often required, though practical experience may land an entry-level job. Continuing education a must. With software and apps affecting nearly every part of our lives, it’s no surprise that software developers are in high demand. This occupation was at or near the top of every list surveyed. With a projected job growth rate higher than any other occupation, opportunities spread far and wide across the U.S., and many companies hiring remotely, this is an exciting field for the qualified. 8. Graphic designer Education: associate or bachelor’s degree often required. Across all the design careers, graphic design is expected to have the greatest growth in the coming year, with opportunities in print, electronic, and film media. Three out of ten graphic designers work as freelancers. 9. Teacher Education: bachelor’s in education, as well as state certification for those teaching in public schools. Education has been a perennial career favorite for military spouses, as even the most remote locations usually have schools! Considering that school teachers are the most quickly aging workforce, teaching positions are projected to grow 17% between now and 2020. 10. Public Relations Specialist Education: Some companies require a bachelor’s degree, with the following fields an especially good fit: public relations, journalism, communications, English, or business. PR specialists enhance and provide positive publicity for a company’s public image. With the explosion of social media such as LinkedIn, Twitter, and Pinterest reaching potential customers, PR specialists are in high demand and are often able to telecommute. PR folks need good communication skills and thick skins—assets that many military spouses already possess! Here are just two of many .mil resources that state the SCRA does not provide release from a lease when you receive transfer orders: From the USAFA JAG website: What happens if I get out of the Air Force or PCS before my lease end? "You will be liable under the lease unless it contains a "military clause". This clause allows you to get out of your lease under certain conditions. Although landlords who frequently rent to military members often put this clause into their leases, you should discuss this issue with your landlord. If the clause is not right in the lease, you and the landlord can sign an addendum (sample attached to this handout). You may have to pay a "penalty" (i.e. one month's rent) in order to get out of the lease using this clause. " From USMC 29 Palms Housing: " For service members, no lease should be signed without a military clause. A military clause provides you with a way to end a lease prematurely for reasons connected with military service.. Remember, if your lease does not have this clause, you have no statutory right to break a lease." And then in contradiction: From JAG Little Rock AFB: Household leases – The prior law only allowed the termination of pre-service "dwelling, professional, business, agricultural, or similar" leases. The new provision in the SCRA allows termination of leases by active duty servicemembers who subsequently receive orders for a permanent change of station (PCS) or a deployment for a period of 90 days or more. In other words, it is no longer necessary (although still good idea) to have a military clause included in your rental agreement. If you have PCS orders or are Deploying for a period of 90 days or more, you need to give written notice to your landlord with a copy of your orders. If your orders are not available, inform the landlord of that in the letter and provide a copy as soon as possible. Additionally, you must give at least 30-days notice but the 30-days does not start to toll until the first of the month. Therefore, if you give 30-days notice on the 15th of August, you will be obligated to pay all of September’s rent. The rationale behind this is that most leases begin and end on the 1st and 30th of each month, it gives the landlord an opportunity to re-let the premises. From Fort Dix JAG: The Service members Civil Relief Act (SCRA), 50 U.S.C. App. Section 535, provides relief to service members in the termination of real property leases. Active duty service members, who receive military orders for a permanent change of station (PCS) or deployment orders, for not less than 90 days, may terminate their real property lease. Military members entering active duty service for the first time may also lawfully terminate their real property lease. Activated Reservists and National Guardsmen (when serving in federal active duty or under certain circumstances, when serving in state active duty) are also entitled to terminate their real property lease if the lease was entered into prior to active duty. While a service member is usually concerned with the termination of a residential lease, the protection offered under the SCRA extends to other types of leases. Specifically, the SCRA applies to "a lease of premises occupied, or intended to be occupied, by a service member or a service member’s dependents for a residential, professional, business, agricultural or similar purpose". From USMC Camp Lejeune: Whether you can get out of the lease early depends on the reason for termination.. The Service Member Civil Relief Act (SCRA), a Federal law, allows for early termination in three instances: 1. The service member entered the lease before active duty military service. 2. The service member entered the lease while on active duty and then received permanent change of station orders, or 3. The service member entered the lease while on active duty and then received orders to deploy in support of a military operation in excess of 90 days. Why so much Contradiction and What to Do with this Information? The primary reason for the confusion is the Revised SCRA that was enacted in 2003. This latest version provides the additional protection for PCS orders, not just enlistment in military service. The SCRA states: (a) TERMINATION BY LESSEE- The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after-- (1) the lessee's entry into military service; or (2) the date of the lessee's military orders described in paragraph (1)(B) or (2)(B) of subsection (b), as the case may be. (b) COVERED LEASES- This section applies to the following leases: (1) LEASES OF PREMISES- A lease of premises occupied, or intended to be occupied, by a servicemember or a servicemember's dependents for a residential, professional, business, agricultural, or similar purpose if: (A) the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service; or (B) the servicemember, while in military service, executes the lease and thereafter receives military orders for a permanent change of station or to deploy with a military unit for a period of not less than 90 days. Although no local or state level law can contradict a federal law, you should carefully consult your housing office if you are considering signing a lease without a military clause. As a military landlord, please consider consulting your local JAG office before proffering a lease without a military clause. There are specific levels of liability that serviceman are protected from incurring in the event that they break their lease. Dependent upon notice, servicemen breaking a lease can be liable for 1-3 month’s rent. Military landlords who rent to fellow military families are often conflicted about their opinions on military clauses. On the one hand, they recognize their importance: A military clause specifies the provisions that allow for the family to terminate the lease. On the other hand, they recognize the negative effect this may have on their property--a potential vacancy short of the completion of a full lease. What most military landlords are unclear about, however, is how precisely a military clause affects their rental property.
The weekend after New Year’s Eve is usually when the Christmas tree comes down in our house. I usually cut it up and add it to my brush/compost pile where it slowly decomposes and also provides some winter cover for the small song birds that spend winter in our yard.
But this year I decided to decorate it one more time, this time as a bird feeder. I took all the ornaments and lights off, left it in its sturdy stand and placed it in a good spot in our yard. Then I made some bird seed decorations. The whole project only took about an hour.re to edit. Click here to eThe weather is changing and your landscape doesn’t have that unquenchable thirst for water as it did in the summer. October marks the time of year to make some or all of your irrigation system a ghost of the past.For many people, the idea of change can be unsettling, scary or down right harrowing. However, sometimes change can be good, as good as candy corn on Halloween! One of the things that can lead you into the light is making some positive changes to your irrigation system.
Irrigation systems are like children — they must be watched at all times to be sure they’re not getting into trouble or bothering the neighbors! With all of this in mind, October marks the time of year to make some or all of your irrigation system a ghost of the past. The weather is getting chilly and your landscape doesn’t have that unquenchable thirst for water as it did in the summer. The SAWS Irrigation Design Rebate can provide you with cash for putting an end to individual irrigation zones, converting spray irrigation to drip irrigation in beds or even retiring your entire irrigation system in one fell swoop. Getting cold chills yet? The process is simple: 1) Schedule a conservation consult by calling 704-7283 or email consult@saws.org and receive a personalized report with a rebate estimate at the end of the consultation. 2) Move forward with irrigation system changes and get them complete within 12 months of your first consult. 3) Schedule a final inspection in the same way as the first consult and one of our friendly consultants will come to your home and review all of the changes you’ve made and complete the final agreement. 4) Four to eight weeks after the final inspection and approval of your hard work, you’ll receive an irrigation rebate check from SAWS. (Nothing scary about that! Hee Hee!!) If you’re serious about these changes, consider our Landscape and Patioscape Coupon programs as well. Don’t get hung up on just irrigation — you can also remove 200 square feet of grass and replace it with friendly plants or a patioscape living area. But you must act fast if you’re interested in applying for the coupons. The application period ends Nov. 30. dit. Want to transform your water-guzzling landscape, but live in a community overseen by a homeowners association? Follow our five ways to work with your HOA. If you live in a community managed by a homeowners association, historical society, etc. and you want to make major landscape changes, it is not an impossible task. But it is a process that takes time, sometimes costs money, and more often than not, requires compromise. Creating a beautiful landscape is one of many ways to increase your property value and your HOA wants you to do that. However, their job is to make sure you are keeping with the integrity of the neighborhood and this means they must approve your landscape plans before you begin any work. Follow these tips to help avoid any unnecessary frustration. Be flexible and be prepared to revise your plan. Going back and forth with HOAs is part of the process — landscape companies have to do it, too. In fact, if your budget allows you may want to hire a landscape company to do the plan and submittals for you. Talk to a neighbor who has recently gone through the process successfully and do what they did. If they got approved and your plans are similar, you’ve just increased your chances of a smooth experience. HOAs outline specific requirements for submitting plans for landscape changes — follow them to the letter. When you submit your plans, ensure your package is complete and send it in with delivery confirmation/tracking so date of receipt is accurate. Get familiar with Senate Bill 198 (pdf), which basically prevents homeowners associations from prohibiting use of native grasses or xeriscapes in landscaping. Follow-up with a phone call or e-mail to make sure they received everything they need; also find out when the next meeting to consider landscape plan approvals is scheduled. Above all, think of your HOA as a team member — not the enemy. All of these things can go a long way toward saving you time and headaches later. And if the movement towards sustainable landscapes is moving to slow for you in your community, consider getting involved with your HOA. Be on the board and become a part of the process of changing what our landscapes look like.
CliBy Cynthia Barsun, Guest Author The arrival of fall means no more Daylight Saving Time — hope you also remembered to turn off the automatic clock on your irrigation system — and cooler, wetter weather. The occasional rain we get in fall is more than sufficient for our soon-to-be-dormant lawns. In fact, supplemental irrigation — especially after 8 p.m. and before 6 a.m. — only encourages the growth of fungi. Some of the typical lawn fungi: Brown patch Take-all-patch Gray leaf spot – warm weather Dollar spot Spring dead spot (bermudagrass) Cutting back on watering and reducing fertilizer, especially those with high nitrogen content, are the best ways to prevent fungi. Nearly all lawn fungi flourish in cool temperatures and abundant moisture. We can’t control the weather, but we can regulate excessive moisture and nutrients that favor fungi development. Your lawn will thank you. Cynthia Barsun is a former conservation ck here to edit.
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