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HomeMy WebLinkAboutContract 55905JPMC — CCB eFax 6/24/2021 12:53;18 PM PAGE 2/007 Fax Server CSC N o. 55905 � '.� ' , � i n 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 ( -.��-� n� � �7ti.c�✓L1eV' ��l�(�qr���� 'C � ah fGD�/0. 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 JPMC — CCB eFax 6/24/2021 12:53:18 PM PAGE � � ` � '� ' n 3/007 Fax Server 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. � � L r��I���o(G"i-- andlord/Agent s Si nature � -�y- �o� I Date Q/_I_9rA� �'t, l�C �ef / D I"� � � ��- . �DV� Title Print Name of Landlor Agent III. Wearherization Assistance Program - Landlord Permission and Participation Form and Agrcement, 2 of G JPMC — CCB eFax 6/24/2021 12:53;18 PM PAGE ���T ���i�la LANDLORD AGRE�M�NT ("Agreement") 4/007 Fax Server 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. Weutherization Assistance Program - Landlord Permission and Participalion Form and Asreement 3 of C, JPMC — CCB eFax 6/24/2021 12:53;18 PM PAGE , � , � � ', Q 5/007 Fax Server 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 Weatherization Assistance Progrom - Landlord Pennission and Participation Fonn and Abreement 4 of C JPMC — CCS eFax 6/24/2021 12:53;18 PM PAGE 6/007 Fax Server � �,' � i ' � 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 � - y^ �Z Date Print Name of Landlord / Agent �IO✓Q� City of Fort Worth: �� �� 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® 7/007 Fax Server 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 Wca1'1eriza1ion Assistance Program - Landlord Permission nnd Participation Form nnd Agreement 6 of6