HomeMy WebLinkAboutContract 55829CSC N o. 55829
FO�T WO�THo
LANDLORD PERMISSION AND FINANCIAL PARTICIPATION FORM ANI) AGREEMENT
FOR TFIE CITY OF FORT WORTFI WEATFIERIZATION ASSISTANCE PROGRAM
I.
LANDLORD PERMISSION
TO PERFORM ASSESSMENT & INSPECTIONS FOR RENTAL UNITS
Your multifamily or single 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 contract
with the Texas Department of Housing and Community Affairs ("TDHCA") to administer the WAP in
Tarrant County. The WAP operates under Federal and State rules which have certain 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 permission for the Citv of Fort Worth to
enter your building(s) to perform energy audits, collect eligibility documentation irorri 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 attachcd for your review. Please be aware that only residential units may be weatherized.
Meeting rooms, game rooms, laundry rooms, maintenance rooms, daycare center.�, office areas or
commercial business areas, and non-residential facilities are not eligible for weatheriz�ition services. The
City may request a financial commitment from the building's landlord(s) based on the estimated cost for
each building containing multi-family rental units. Exceptions to this requirement can be made when the
owner is an income-eligible applicant or a non-profit entity. The financial commitm��nt may be in the
form of monetary contributions (checks or money orders), materials, or labor providec! 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 performed on e<<ch individual unit
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 commitment to Ihe project and the
Landlord Agreement.
After weatherization services have been provided, the City is required to conduct a quality control
inspection to ensure that work was completed 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.
y PERMISSION TO ENTER PREMISES
I, C���h� f<' �1 i° �(':,'11C � rl ���� f t f i � , as landlord/authorized agent for building(s) located at
3724 Earl St., Ft. Worth, TX 76111, have read and understand the above and hereby grant permission
for representatives from the Citv of Fort Worth to enter these premises for the purpo�es of conducting
energy audits and collecting eligibility documentation from the residents, including applications, and to
perform the �eatherization work.
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Landlord/Agent's Signature Date
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Title � Print Name of Landlord/Agent
OFFICIAL REC�RD
Weatherization Assistance Program- Landlord Permission and Participation Form and Agreement CITY SECRETARY
FT. W�RTH, TX
FOR�`WORTH�
II.
LANDLORD FINANCIAL PARTICIPATlON FORM
Date of Transaction or Initial Contact: City of Fort Worth Neighborhood
Services
Responsible Landlord or Agent for Owners of property currently under consideration. for
weatherization services:
Physical address or location of property under consideration:
3724 Earl St
Fort Worth, TX 76111
Number of multifamily building(s): 0 Number of eligible dwelling unit;>: 1
The WAP requires the City to obtain financial commitment information irom the Landlord for the
weatherization services that the City intends to perform on the building(s). The landlord or agent for this
building(s) has indicated that he/she fully understands this policy and has decided to take the following
course ofaction:
(AGENCY SHALL COMPLETE AS REQUIRED. LANDLORD INITIALS APPROPRIATE LINE.)
Landlord/Owner will invest $ for the cost of the weatherization wc�rk.
This amount represents '/o of the total estimated cost of the worl:.
� Landlord/Owner is unable_to make any financial investment.
❑ Landlord/Owner refuses to makc an investment.
❑ Owner is a 501(C)(3) non-profit organization.
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T�andlord/Agent's Signature Date
L����1���f�_�Ls �1 � ��i��`
Title Print Name of Landlord/Agent
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III.
LANDLORD AGREEMENT
("Agreement")
lt is agreed by and between: The Citv of Fort Worth ("City")
And
(Landlord/Authorized Agent) t`U�U���C' �1 Y"1 �C� � l,� 1 f 1 � v( �£/� Landlord")
Landlord or Authorized Agent of the premises located at:
3724 Earl St., Fort Worth, TX 76111 ("Premises")
I. The Landlord agrees to cooperate with the City by assisting the City in gathering all rccords and
documents neccssary for the City to dcterminc if the tenants residing at thc Premises are eligible
according to the US Dcpartmcnt of Energy guidclines for weatherization scrvices. The City shall gather
and keep confidential the names and incomes of tenants living at thc premises, to the cxtent allowed by
law.
2. If the City, at its solc discretion, determines that thc premises are eligible for weatherization
services, the City agrees to wcatherize the Premises in accordance with applica6le codes, laws and
regulations. The City agees to forward a summary of the proposed work to the Landlo.rd after the cnergy
audits are completed. In exchangc for these scrvices, the Landlord agrecs to bc bound by the terms and
conditions of this Agreement for a period of 24 months, commencing on the date the w��atherization 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 fiousehold for the
remaining time period of the Agreement. The Landlord shall not increase the rents duri�zg the term of this
Agreement unless the increase is demonstrably related to matters other than we;itherization work
performed. Landlord shall not evict tenants for the time period of this Agreement, exc:ept 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 Dee:d 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 affrms 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, the Landlord agrees to
obtain, in writing, the purchaser's consent to assume the Landlord's obligations under ttiis Agreement, or
if this consent is not obtained, to pay the City the full cost of weatherization pro-rated by the number of
months left under this Agreement. The Landlord agrees that this document may be filecl as evidence of a
lien (§53 of the Texas Property Code) against the property in the municipal land records.
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6, The Landlord agrces to maintain the weatherization materials installed under this Agreement in
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 subcontractors, and state and feder�al officials, to all
dwelling units and common 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 �znits shall receive
copies of this Agreement. The City agrees to provide a copy of this Agreement tc� the tenant of the
Premises and weatherized unit. The Landlord agrees to provide a copy of this AgreE;ment to all future
tenants of Prenuses 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 completion 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, AGEN7'S, SERVANTS,
REPRESENTATIVES, AND EMPLOYEES, FOR, FROM AND AGAINST E�NY AND ALL
CLAIMS, LIABILITIES, DAMAGES, LOSSES, LIENS, CAUSES OF AI�TION, SUITS,
JUDGMENTS, AND EXPENSES OF ANY NATURE, KIND, OR DESCRIPTIOPf 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.
] 1. if any portion of this Agreement is held to be invalid by a court or adminis�:rative tribunal of
competent jurisdictions, the remainder shall remain valid and binding.
12. It is understood that by execution of this Agreement, the City does not waive ar surrender any of
it governmental powers or immunities.
13. If any action, whether real or asserted, at law or in equity, arises on the basis oi.' any provision of
this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the
United States District Court for the Northern District of Texas-Fort Worth Division. This Agreement
shall be construed in accordance with the laws of the State of Texas.
14. The person signing this Agreement, and any amendments or addenda hereto, hec�eby warrants that
he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such
binding authority has been granted by proper order, resolution, ordinance or other authorization of the
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entity. Each party is fully entitled to rely on these warranties and representations in entering into this
Agreement or any amendment hereto.
15.This Agreement cannot be modified or amended without the written consent of all the parties
hereto and attached and made a part of this Agreement.
16.This written instrument constitutes the entire Agreement by the parties heretojand 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 Signature
Title
Date
'I<\ . =v) . ol, h \-e e n J t lei-, 1 t I n . G u , 1 E'_ '1
Print Name of Landlord / Agent
City of Fort Worth:
By:
Name: Victor Turner
Title: Director, Neighborhood Services
Department
Approved as to Form and Legality: t
By: p7�
Name: Taylor Paris
Title: Assistant City Attorney ::···�2�Name: Mary J. Kayser
Title: City Secretary
Contract Compliance Manager:
By signing l acl«lowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
By: 1£��( ,0,(�l QQ·Je CDT)Name: John Cain
Title: Neighborhood Developme1nt Manager,
Neighborhood Services Department
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State of Texas
County ofTarrar� _, , � ^ ��
L�U���ti_- J � �� ' ��--4-��
Before me ,��� �� '��ii this�� day of �h_ , 20�, p�,rsonally appeared
��a-ti'1\� P,`� �'l� �•.\1 -��S,��u� (�,�,,:v\�rv�k (Title)
known to me or proved to me to be the person described in and who executed the within and foregoing
instrument, and acknowledged that he/she signed the same as his/her voluntary act and deed, for the uses
and urposes therein mentioned.
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I:\ /�_-i: `� ��a =—�.1P� �`-��
(N�c4ary Public�
My Commission Expires: � " , � ���
(Notary Seal}
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�k'� F� DELMA JEAN HULL ��
��`:'', Notary ID #7733544 �
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��T o,�e.,� September 1, 2021 ��
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