HomeMy WebLinkAboutContract 55905JPMC — CCB eFax 6/24/2021 12:53;18 PM PAGE
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LANDLORD PERMISSION AND FINANCIAL PARTICiPATION FORM AND AGREEMENT
FOR THE CITY OF FORT WORTH WEATHER[ZATION ASSISTANCE PROGRAM
L
LANDLORD PERMISSION
TO PERFORM ASSESSMCNT Sc INSP�CTIONS I+OR RENTAL UN1TS
Your multifamily or single-family building(s), as applicable, is under consideration to receive se�vices
froin the Weatherization Assistance Program ("WAP"). The City of Fort Worth ("City") is under conlracl
with the Texas Department of Housing and Community Affairs ("TDHCA") to administer the WAP in
Tan-ant County. The WAP operates under Federal and State x•ules which have certain requircments of
which you, as a mulli-family building landlord, should be aware. At the bottom of this plge is a
PERMISSION TO �NTER PREMISES section granting your peimission fo►• the Citv of Fort Worth to
enter your building(s) to perforFn energy audits, collect eligibility documentation fi•om your tenants, and
complete applications.
Before work begins on your building(s), you will be required to sign a Landlord A�-ee�nent, a copy of
which is attached for your review. Please be aware that only residential units may be wcatherized.
Meeting rooms, game rooms, laundry rooms, maintenance rooms, daycare centers, office areas or
commercial business areas, and non-residential facilities are not eligible for weatherization sei•vices. Tlie
City may request a financial commitment from the building's landlord(s) based on the estiinated cost for
each building containing multi-family rental units. Exceptions to this requireinent can be made wlien the
owner is an income-eligible applicant or a non-profit entity. The financial commihnent �nay be in the
form of monetary contributions (checks or inoney orders), inaterials, 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 wi11 be based on an energy audit that is perfonned on each individual unit
within the building. When the energy audits are completed, the City will contact you to discuss thc
proposed weatherization measures for each building and your financial commitment to the 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. lt is
your responsibility to assist the local City staff in gaining entrance to youz- property.
PERMISSION TO ENTER PREMISES
We, Sandra &i Rafael Cordova , as land(ords/authorized
agents for building(s) located at 800 Debra Ave., �uless, TX 76040 have read and understand
the above and hereby grant permission for representatives from the Citv of Fort Worth to cntei• these
premises for the purposes of conducting energy audits and collecting eligibility documentation fro�n the
residents, i cluding appiications, and to peifonn the weat�erizatiou work.
1 Landlord/Ageut's Signa re ��� Date
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Title Print Name of Landlord/Agent
Weatheriza[ion Assistance Pro�*ram - Landlord Permission and Parlicipation Rorm and Agrcement OFF IC IAL RECORD
CITY SECRETARY
FT. WORTH, TX
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II.
LANDLORD FINANCIAL PARTICIPATlON FORM
Date of Transaction or Initial Contact: City of Fort Worth Neighborhood
Services
Responsible Landlord or Agent foz Owners of property currently under consideration for
weatherization services:
Sandra & Rafael Cordova
Physical address or location of property under consideration:
800 Debra Ave., Euless, TX 76040
Number of multifamily building(s): 0 Number of eligible dwelling units: 1
The WAP requues the City to obtain financial commitment infonnation from the Landlord for the
weatherization services that the City intends to perfoim on the buildin�(s). The landlord or agent for this
building(s) has indicated that he/she fully understands this policy and has decided to take the followin�
course of action:
(AGENCY SHALL COMPLETE AS REQUIRED. LANDLORD INITIALS APPROPRIATE LINE.)
Landlord/Owner will invest $ �� for the cost of the weathez•ization work.
This ainount represents � % of the total estimated cost of the work.
�andlord/Owner is �nable to make any financial investment.
❑ Landlord/Owner c-efuses to inake an invest�nent,
❑ Owner is a 501(C)(3) non-profit organization.
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andlord/Agent s Si nature
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Date
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Title Print Name of Landlor Agent
III.
Wearherization Assistance Program - Landlord Permission and Participation Form and Agrcement, 2 of G
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LANDLORD AGRE�M�NT
("Agreement")
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It is agreed by and between: The City of Fort Worth ("City") ,
And
(Landlord/Authorized Agent)_ Sandra & Rafael Cordova
�Landlords")
Landlord or Authorized Agent of the premises located at:
800 Debra Ave., Euless, TX 76040 ("Premises")
1. The Landlord agrees to cooperate with ehe City by assisting the City in gatherir�g all records and
documents necessary for the City to determine if the tenants residing at the Preinises are eligiblc
acco.rding to the US Department of Energy guidelines for weatherization services. The City shall g�ther
and keep conf dential the names and incomes of tenants living at thc 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 agrces to weatherize the Premises in accordance with applicable codes, laws and
regulations. The City agrees to forward a summaiy of the proposed work to the Landlord after tbe energy
audits are completed. In exchange for these services, the Landlord agrees to be bound by thc terins and
conditions of this Agreennent for a period of 24 months, commencing on the date tl�e weatherization work
is completed_
3. A tenant's lease may be renewed for successive periods during the period of the Agrceinent. If an
eligible tenant's lease ends during the term of the Agreement, the owner is not obligated to renew tl-►c
lease, as long as the dwelling unit is subsequently rented to an income eligiblc household for the
remaining time period of the Agreement. The Landlord shall not increase the rents during the term of this
Agreement unless the increase is demonstrably related to inatters othcr than wcatherization work
performed. Landlord shall not evict tenants for the time peiYod of this Agreement, except %r just cause
and for matters unrelated to the weatherization work perfonned. A list of units and agree�nent ainounts,
and a copy of the lease agreement tnust be provided to the City, as well as the Deed of Trust to tiie
Premises, prior to the execution of this Agreement. A failure to provide such docut�entation prior to the
execution of this Agreement will be considered a material breach of the Agreement.
4. Weatherized units that become vacant during the teiYn of this Agreement must be rented to
incorae eligible households.
5. The Landlord hereby swears or a�ims tlaat the Premises is not presently being offered for sale
and further agrees to give the City thirry (30) calendar days written notification of the salc 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 this 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 filed 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 agrees to maintain the weatherization materials installed under tbis Agceement in
accordance with all relevant codes.
7. The City agrees to begin installation of weatherization materials on or about (date), noimal
business hours, access by City personnel, City subcontractors, and state and federal officials, to all,
dwelling units and cominon areas weaihericed.
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 Agrcement to the tenant of the
Premises and weatherized unit. The Landlord agrees to provide a copy of this Agreement to all future
tenants of Premises and weatherized units wl�ile this Agreement is in effcct.
9. In the event the Landlord defaults on or materially breaches any terin of this Agreernent, the
Landlord shall be liable for liquidated damages iminediately due and payable to the City to be coinputed
as follows: the total cost of the project not boirie by the Landlord shall be divided into 24 equal shares.
One share shall be deducted for each £ull month that elapses between the date of coinpletion of the work
and the date of Landlord's default or breach. The remainder shall be paid as liquidated damages, which
ehe parties agree reasonably approximates the actual damages to City.
10. LANDLORD SHALL AND DOES HEREBY AGREE TO INDEIVINIFY, PROTECT,
DEFEND, A1�ID HOLD HARMT.ESS CITY, AND 1TS 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 NATURC, KiND, QR DESCRIPTION ARISING OUT
OF, OR ALLEGED TO ARISE OUT OF, OR RELATING TO ANY ACT OR OMISS.ION OF
LANDLORD, AND ITS OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES IN
THE PERFORMANCE OR NONPERFORMANCE OF THIS ACREEMENT.
11. If any portion of this Agreement is held to be invaiid by a court or adrninisri•ative tribunal of
compctcnt j urisdictions, the rcmaindcr shall rcmain valid and binding.
12. It is understood that by execution of this Agreement, the City does not waive or suirender any of
it governmental powers or iimnui�ities.
13. If any action, whether real or asserted, at law or in equity, arises on the basis of any provisio�n of
tl�is Agreeinent, venue for such action sl�all lie in state courts located in Tarrant Counly, Texas or �he
United States District Court fox� the Northern District of Texas-Fort Worth Division. This Agreemenh
shall be construed in accordance with the laws of the State o�Texas.
14. The person signing this Agreement, and any, amendments or addenda hereto, hereby wan-ants that
he/she has the Iegal 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 auEhorization of the
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entity. Each party is fully entitled to rely on these wai7�anties 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 attaehed and made a part of this Agreement.
16. This written instrument constitutes ihe entire Agree�nent by tbe parties hereto and obligations of
the parties and any prior or contemporaneous oral or written agreement that puiports to vary fi�om the
terms h�reof shall be void. •
Signatures:
Landlord / Agent:
�
Landlord / Agent Signature
�C�ueV' Gt��l s
Title
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Date
Print Name of Landlord / Agent
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City of Fort Worth:
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Ey:
Name: Victor Tuincr
Title: Dircctor, Neighborhood Services
Department
Approved as to Form and Legality:
! ��
By: o
Name: Taylor Paris
Title: Assistant City Attorncy
Attest:
B : �e�'��:��I��/�
y !�
Name: Mary J_ Kayser
Title: City Secretary
Contract Compliance Manager:
By signing I acknowledge that I ain the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and report' requirement .
By: �
�
Name� ohn Cain
Title: Neighborhood Development Manager,
Neighborhood Services llepartinent
Weat]terizalion Assislance Program - Landlord Permissi�n and Participatinn Form and Agreement
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
JPMC -CCB eFax
State of Texas
County of Ta1Tant
6/24/2021 12:53:18 PM PAGE
FORT WORTH®
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Before me +tvl <'..�- tze_h-t�'> on this 2,4.(.l.. day of J CAI"¼., , 20 2(, personally appeared �dz-d t"�lJv4- c,..,....,1 ,S;c..r-eio Crvo\ovlr , l/1-v\o( b,:::o--(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 voluntmy act and deed, for the uses and purposes therein mentioned.
My Commission Expires: Pryr; I C: 1 l-v i, l..--
(Notary Seal)
ARLETT RAMOS
Notary ID #128759119 My Commission Expires April 5, 2022
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