Loading...
HomeMy WebLinkAboutContract 53276-R2A2 CSC No.53276-R2A2 RENEWAL TWO AND AMENDMENT TWO TO CITY OF FORT WORTH CONTRACT NO. CSC #53276 BETWEEN THE CITY OF FORT WORTH AND M& D ANTIGUA, LLC This Contract Renewal and Amendment (the "Amendment") is made and entered into by and between the City of Fort Worth, a home-rule municipality (hereinafter referred to as the "City,") acting by and through Fernando Costa,its duly authorized Assistant City Manager,and M&D Antigua, LLC("Landlord") acting by and through Cristina Franco, it's authorized representative, each individually referred to as a "party" and collectively referred to as the "parties." RECITALS WHEREAS,on December 13,2019,the City entered into an agreement with the Landlord for rental assistance for a named tenant, City Secretary Office (CSO) Contract No. 53276 (the "Agreement"); WHEREAS, the Agreement's initial term was from November 1, 2019 to September 30, 2020 and allowed for annual renewals upon agreement of the Parties; WHEREAS, on September 29,2021,the Agreement was renewed for a first renewal term of September 1, 2020 to August 31, 2021; and WHEREAS,the Parties agree to renew and amend the Agreement as specified below. NOW THEREFORE City and Landlord do hereby agree as follows: I RENEWAL OF AGREEMENT The parties agree to renew the term of the Agreement for an additional term,in accordance with tenant and landlord's lease agreement, beginning on September 1st 2021 to August 31st 2022, unless terminated earlier in accordance with the terms of the Agreement. II AMENDMENT TO AGREEMENT The following terms are hereby amended to replace the referenced terms in the Agreement and shall be binding and enforceable as if they were originally included therein. The first three paragraphs of Section 3.2 Rent and Amounts Payable by City shall be amended and replaced as follows: 3.2 Rent and Amounts Payable by City The City has been notified that the Tenant's Total Rent during the second renewal term, ("Second Renewal Term") is $840.00 per month for the Unit. OFFICIAL RECORD CSC No.53276 Renewal Two and Amendment Two CoFW and M&D Antigua, CITY SECRETARY FT.WORTH, TX The Tenant during the Second Renewal Term shall be responsible for $742.00 of rent per month for the Unit. During Tenant's renewal term, and until either this Agreement expires or Landlord is notified by City otherwise,the City Portion shall be $98.00.00.Neither City nor does HUD assume any obligation for the Tenant's Portion of the rent, or for payment of any claim by Landlord against Tenant. The City's sole obligation is limited to paying the City Portion of the Rent in accordance with this Agreement. Tenant shall be liable for rent,payments, and other fees associated with the Unit and City shall not be obligated by law or in equity for any amount other than the City Portion. Section 4.2.1 of the Agreement shall be replaced in its entirety with the following: 4.2.1 Written Notice. The City may terminate this Agreement immediately in writing in the event that Landlord breaches this Agreement. City may also terminate this Agreement at any time and for any reason by providing landlord with 30 days' written notice of termination. In the event of the death of the Tenant, this Agreement shall be terminated immediately as of the date of the Tenant's death. Section 4.3 of the Agreement shall be replaced in its entirety with the following: 4. 3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Landlord the City Portion of the Total Rent for the months the Tenant actually occupied the Unit and the Landlord complied with all of the terms and conditions of this Agreement prior to the date of expiration or termination. City shall not be obligated for any additional fees or expenses of any kind. If City has paid any portion of the City Portion for a month that begins after the effective date of termination of this Agreement,Landlord shall refund the City Portion for that month within thirty days of the effective date of termination by check made out to the City of Fort Worth Neighborhood Services Department. By way of example, if the Agreement is terminated on July 15, and the City has already paid the City Portion of the Total Rent for the month of August, then Landlord would be required to refund the City Portion of the August rent to City in accordance with this section. In the event of any dispute arising out of this Agreement, the only remedy Landlord may assert for any claim, no matter the kind or character, arising out of CSC No.53276 Renewal Two and Page 2 of 4 Amendment Two CoFW and M&D Antigua, this Agreement is for the City Portion of the Tenant's Total Rent for the months that Tenant occupied the unit and this Agreement was in effect. III. All terms and conditions of the Agreement not amended herein remain unaffected and in full force and effect, are binding on the Parties and are hereby ratified by the Parties. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE FOLLOWS] CSC No.53276 Renewal Two and Page 3 of 4 Amendment Two CoFW and M&D Antigua, IN WITNESS WHEREOF,the parties hereto have executed this agreement, to be effective this 1st day of September 2021. FOR CITY OF FORT WORTH: FOR LANDLORD: Fernando Costa(Jan 21,2022 09:42 CST) Ana Cristi na Franco(Jan 21,2022 09:15 CST) Name: Fernando Costa Name: Cristina Franco Title: Assistant City Manager Title: Landlord Date: Jan 21, 2022 Date: Jan 21, 2022 APPROVAL RECOMMENDED Name: Victor Turner Title: Director aq FORT��aa O�k-�000 00000 APPROVED AS TO FORM AND ATTEST: A►oO.p�d LEGALITY ~go4 d =d Jannette S.Goodall(Jan 21,2022 13:11 CST) �� 0 Name: Taylor an*s Name: Jannette 000 Title: Assistant City Attorney Title: City Secretary all d���nEXASoAp Date: Jan 21, 2022 Contract Compliance Manager: M&C No 21-0522 By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Liz (Jan 21,202209:16 CST) Name: Liza Bethea Title: Sr.Human Services Specialist Signature: Sov. t�l Email: allison.tidwell@fortworthtexas.gov OFFICIAL RECORD CSC No.53276 Renewal Two and CITY SECRETARY Amendment Two CoFW and M&D Antigua, FT.WORTH, TX