HomeMy WebLinkAboutContract 55808�
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CSC No. 55808
LANI)LORD PERMISSION Alvl) FIlYAIYCIAL PARTICIPATION FVItM AND AGREEMENT
FOR THE CITY OF FORT WORTH WEATHERIZATION ASSISTANCE PROGRAM
I.
LANDLORD PERMISSION
TO PERFORM ASSESSMENT & INSPECTIONS FOR RENTAL UNITS
Your multifarnily or suigle family building(s), as applicable, is under consideration to receive services
from the Weatherization Assistance Program ("WAP"). 'The City of Fort Worth ("City") is under c�n�
with the Texas Department of Housing and Community Affairs ("TDHCA") to administer the WAP in
T�I�� County• The WAP operates under Federal and State rules which have �ertain requirements of
which you, as a multi-family building landlord, should be aware. At the bottom of this page is a
PERMISSION TO ENTER PREMISES section granting your }�rmissi.on for the Ci of Fort Worth to
enter your huilding(s) to perfor�� energy audits, collect eligibility documentation &om your tenants, and
complete applications.
Before work begins on your building(s), you will be required to sign a Landlord Agreement, a copy of
which is attached f r your review. Please be aware that only residential units ma} be weatherized.
Mee#ing rooms, game rooms, laundry rooms, maintenance rooms, daycare centers, office areas or
conunercial business areas, and non-residential facilities are not eligible for weatherization services. The
City may request a financial commitment from the building's landlord(s) based on the Pstimate� cos# for
each building containing multi-family rental units. Exceptions to this requirement can be made when the
owner is an income-eligible appiicant or a non-profit entity. The imancial commitment may be in the
form of mogetary contributions (checks or money orders), materials, or labor provided to install eligible
measures. All monetary contributions provided by landlords will be used for labor and materials. The
estimated cost of each building will be based on an energy audit that is Uer_fn,�n� d on each individual t�nit
within the building. When the energy audits are completed, the City will contact you to discuss the
proposed weatherization measures for each building and your financial �omm;m,P„t to the project and the
Landlord Agreement.
After weatherization services have been provided, the Cily iS required to conduct a qualiry control
inspection to ensure that work was eompleted in accordance with the standards set forth by the WAP. It is
your responsibility to assist the local City staff in gaining entrance to your property.
P�RN�II� �S�ION�� �O ENTER PREMISES
� -- �i•t �,'��,`�"`�'�\.U1.. as landlord/authorized agent for building(s) located at
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�008 Barnett St Ft Worth TX 76103� have read and understand the abo�e and hereb�grant
permission for representatives from the Citv of Fort Worth to enter these premises for the puTposes of
conducting ener�,y audits and collecting eligibiliry docum�ntation irom t�ie residents, including
appIications, and. to perform the weatherization work.
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L dlorci/Agent's Signatw-e
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Date
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p�int _N_ am� af Landlord/Agent
OFFICIAL RECORD
CITY SECRETARY
Weath+�rizatioa Assistance Prog�wa - Landlard Pesmissic� an�i Participauon Form and Agreement
FT. VIl�RTH, TX
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FORT WORTH�
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II.
LANDLORD FINANCIAL PARTICIPATION FORM
Date of Truisaction or Initial Contact: City of Fort Worth Neighbonc�►od
Services
Responsible Landlord or Agent for Owners of property currently under consideration for
weatherization services:
Physical address or location of property under consideration:
5008 Bamett St., Ft. Worth, TX 76103
Number of multifamily building(s): 0 Number of eligible dwelling units: 1
The R7AP requires the City to obtain fmazicial commitment information from the Landlord for the
weatherization services that the City intends to perform on the building(s). `I�e landlord or agent for this
building(s) has indicated that he/she fully understands this policy and has decided to take the following
course of action:
(AGENCY SHALL COMPLETE AS REQUIKED. LANDLORD INITIALS APPROPRIATE LINE.)
Landlord/Owner will invest �, for the cost of the weatherization work.
This amount represents %of the totai estimated cost of the work.
� Landlord/Owner is unable to make any financial investment.
❑ Landlord/Owner refuses to make an investment.
� Owner is a 501(CX3) non-profit organization.
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I dlnrcilAgent' Signatur�
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Wea[herimti� Asgist�ce Pro�n - Landlord Pamisaon and Participauon Form and Agreem
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III.
LANI)LORD AGREEIVIENT
("Agreement")
It is agr+eed by and between: The Citv of Fort Worth ("City")
And
(Landlord/Authorized Agent)
Landlord or Authorized Agent of the premises located at:
5008 Barnett St., Ft. Worth, TX 76103 ("Premises"�
1. The Landlord agrees to cooperate with the Ciiy by assisting the City in gathering all records and
documents necessary for the City to detetmine if the tenants residing at the Premises are eligible
according to the US Department of Energy guidelines for weatherization services. The City shall gaiher
and keep confidential the names and incomes of tenants living at the premises, to the extent allowed by
law.
2. If the City, at its sole discretion, determines that the premises are eligible for weatherization
services, the City agrees to weatherize the Premises in accordance with applicable codes, laws and
regulations. The City agrees to forward a summary of the proposed work to the Landlord after the ener�ry
audits are completed. In exchange for these services, the Landlord agrees to be bound by the terms and
conditions of this Agreement for a period of 24 months, commencing on the date the weatherization work
is completed.
3. A tenant's lease may be renewed for successive periods during the period of the Agreement. If an
eligible tenant's lease ends during the term of the Agreement, the owner is not obligated to renew the
lease, as long as the dwelling unit is subsequently rented to an income eligible household for the
remaining time period of the Agreement. The Landlord shall not increase the rents during the term of this
Agreement uniess the increase is demonstrably related to matters other than weatherization work
performed. Landlord shall not evict tenants for the time period of this Agreement, except for just cause
and for matters unrelated to the weatherization work performed. A list of units and agreement amounts,
and a copy of the lease agreement must be provided to the City, as well as the Deed of Trust to the
Premises, prior to the execution of this Agreement. A failure to provide such documentation prior to the
execution of this Agreement will be considered a material breach of the Agreement.
4. Weatherized units that become vacant during the term of this Agreement must be rented to
income eligible households. ,
5. The Landlord hereby swears or af�iims that the Premises is not presently being offered for sale
and further agrees to give the City thirty (30) calendar days written notification of the sale or conversion
of the Premises. At least ten (10) calendar days prior to the sale or conversion, Ehe Landlord agrees to
obtain, in writing, the purchaser's consent to assume the Landlord's obligations under this Agreement, or
if this consent is not obtained, to pay the City the full cost of weatherization pro-rated by the number of
mouths left under this Agreement. The Landlord agrees that ttus document may be filed as evidence of a
lien (§53 of the Texas Property Code) against the property in the municipal land records.
Weatbocizadoo Assistanoe Progam - Landlord Pamission and Participation Form and Ag�ecment
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6, The Landlord agrees to mauitain the weatherization materials installed under this Agreemei�t ul
accordance with all relevant codes.
7. The City agrees to begin installation of weatherization materials on or about (date), normal
business hours, access by City personnel, CiTy subcontractars, and state and federal o�cials, to all
dwelling units and cominon areas weatherized.
8. The City and Landlord agree that the tenants, present and future, are meant as the persons to
benefit from the Weatherization Assistance Program. The tenants of weatherized units shall receive
copies of this Agreement The City agrees to provide a copy of this Agreement to the tenant of the
Premises and weatherized unit. The Landlord agrees to provide a copy of this Agreement to all fuhxre
tenants of Premises and weatherized units while this Agreement is in effect.
9. In the event the Landlord defaults on or materially breaches any term of this Agreement, the
Landlord shall be liable for liquidated damages immediately due and payable to the City to be computed
as follows: the total cost of the project not borne by the Landlord shall be divided into 24 equal shares.
One share shall be deducted for each full month that elapses between the date of compledon of the work
and the date of Landlord's default or breach. The remainder shall be paid as liquidated damages, which
the parties agree reasonably approximates the actual damages to City.
10. LANDLORD SHALL AND DOES HEREBY AGREE TO INDEMNIFY, PROTECT,
DEFEND, AND HOLD HARMLESS CITY, AND ITS OFFICERS, AGENTS, SERVANTS,
REPRESENTATIVES, AND EMPLOYEES, FOR, FROM AND AGAINST ANY AND ALL
CLAIMS, LIABILITIES, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS,
JUDGMENTS, AND EXPENSES OF ANY NATURE, KIND, OR DESCRIPTION ARISING OUT
OF, OR ALLEGED TO ARISE OUT OF, OR RELATING TO ANY ACT OR OMISSION OF
LANDLORD, AND ITS OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES IN
THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT.
11. If any portion af this Ageement is held to be invalid by a court or adininistrative tribunal of
competent jurisdictions, the remainder shall remain valid and binding.
12. It is understood thal by execution of this Agreement, the City does not waive or surrender any of
it govemmental powers or immunities.
13. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of
this Agreement, venue for such action shall lie in state courts ]ocated in Tamant County, Texas or the
Unil� States Disirict Couct for the Nortbem District of Texas-Fort Worth Division. This Agreement
shall be coi�stiued in accorcia�ce with the laws af the State of Texas.
14. 'I'he person signing this Agt�een�ent, and any amendments or addenda herr:to, hereby warrants that
he/she has ihe legal authority to execute this Agreecment on txhall' of the respective paity, and that such
binding authority has been gan�� by proper order, resolutian, ordinance or other authorization of the
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entiry. Each pai'ty �s hilly entitled to rely on these warranties and representations in entering into this
Ageeu�ent or any amendment hereto.
15. This Agreement caiuiot be modified or amended without the written consent of all the parties
hereto and attacbed and made a part of this Agreement.
16. This written instrument constitutes the entire Agreement by the parties hereto and obligations of
the parties and any prior or contemporaneous oral or written agreement that purports to vary from the
terms hereof shall be void.
Signatures:
Landlord / Agent:
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Lan lord / Agent Signa e
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Title
Date
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' t Name of Lan lord / Agen�
City of Fort Worth:
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By: �Gc,[-�e'c--
Name: Victor Turner
Title: Director, Neighborhood Services
Departnent
Approved as to Form and Legality:
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By: _
Name: Taylor Paris
Title: Assistant City Attomey
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Attest:
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Name: Mary J. Kayser
Title: City Secretary
Contract Compliance Manager:
By signing I aclrnowledge that I atn the person
responsible for the monitoring and a�ninistration
of this contract, including ensuring all performance
and reporting requirements.
JOG�h C�lh
By' J :38 CDT
Name: John Cain
Title: Neighborhood Development Manager,
Neighborhood Services Departmeut
Wea�6aiza�ioa Asis� p�°B� - Iandlcxd P�missim and Pertiapation Frnm acd ABrcenrnt
OFFICIAL RECORD
CITY SECRETARY
FT. W�RTH, TX
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State of Texas
County of Tarrant
I3efore me � r��4 e�Q,JQ�,�ji o�this �_ day of _��, 2� personally appcared
(7�iile)
known to me or proved to me to be the person described �in and who executed d�e within �u�d longou�g
instrument, and acknowledged that he/she signed the same as hislher voluntary act and deed, for the uses
and pu�qoses therein mentioned.
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My Commission Expires: �� C�� -�V 2�
(Notary Seal) �
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''�..,°;,�r`� Notafy ID 13288408-4
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Weatheiration Assis�incc Program - I.andlord Pamissioo and Participatioa Form aod Agr�ent
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Signature: �-5����
Signature:
Email: allison.tidwell@fortworthtexas.gov Email: Vania.Soto@fortworthtexas.gov