HomeMy WebLinkAboutContract 58358 10/20/2022 02:15 8174446532 EAGLE LAKE GARDEI`l PAGE 02
FORTWORTH"
CSC No. 58358
LANDLORD PERMISSION AND FINANCIAL PARTICIPATION FORM AND AGREEMENT
FOR THE CITY OF FORT WORTH WEATHERIZATiON 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-fancily building landlord, should be aware. At the bottom of this page is a
PERMISSION TO ENTER PREMISES section granting your permission for the City of Fort Worth to
enter your building(s) to perform energy audits, Collect eligibility documentation from 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 for your review, Please be aware that only residential units may be weatherized.
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 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. Tile financial commitment may be in the
form of monetary 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 performed on each 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 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. It is
your responsibility to assist the local City staff'in gaining entrance to your property.
PER11¢ISSION TO F ITER PREMiSES
as landlord/authorized agent for building(s)located
at 130 a bew z of 0have read and understand the above and
hereby grant permission for representatives from the City of Fort Worth to enter these premises for the
purposes of conducting energy audits and collecting eligibility documentation from the residents,
including applications,and to perform the weatherization work.
Landlord/Agent's Siknature Date
x9 ?e__1XJ6114
Title l Print Name of Landlord/Agent
Wcathenzauon Assistance Progmn•Landlord Permission and Participation Form and Apmrntent I of 6
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
10/20/2022 02:15 8174446532 EAGLE LAKE GARDEN PAG;E 03
FORTWORTH.
Il.
LANDLORD FINANCIAL PARTICIPATION FORM
Date ofTra action or Initial Contact: City of Fort Worth Neighborhood
G e Z — �?� Services
Responsible Landlord or Agent for Owners of property currently under consideration for
weadiedzation services,
,42-/eaitl�J �,
Physical address or to ion of property under consideration:
13 0 o t`� q2 e TX '7& °L
Number of multifamily building(s): Number of eligible d elling units:
t-D (�o &
The WAP requires the City to obtain financial commitment information from the Landlord for the
weatherization services that the City intends to perfontt 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 of action:
(AGENCY SHALL COMPLETE AS REQUIRED.LANDLORD INITIALS APPROPRIATE LINE.)
Landlord/Owner will invest for the cost of the weathcrization work,
This amount represents OK of the total estimated cost of the work.
X'/Landlord/Owner is}}gable to make any financial investment.
❑ Landlord/Owner refuses to make an investment.
❑ Owner is a 501(C)(3)non-profit organization.
Landlord/Agent's Signature Date
Title Print Name of Landlord/Agent
111.
Wutherirotion Assistano Program-Landlord Permission and Parlicipation Form and Agreement 2 of6
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LANDLORD AGREEMENT
("Agreement")
It is agreed by and between: The of-Fort Worth("City")
11 ) And e
(Landlord/Authorized Agent) 7 t 7 /� FUG—r�,� � Landlord")
Landlord or Authorized Agent of the premises located at:
�3")1) l/�4� 6M I)CPJ R2-15- 7&d z
lees„
I. The Landlord agrees to cooperate with the City by assisting the City in gathering all records and
documents necessary for the City to determine if the tenants residing at the Premises are eligible
according to the US Department of Energy guidelines for weatherization services. The City shall gather
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 energy
audits are completed. In exchange for these services, the Landlord agrees to be bound by the terms and
conditions of this Agree► cnt 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 unless 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 affirms 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 this Agreement, or
if this consent is not obtained, to pay the(amity the full cost of weatherization pro-rated by the number of
months left under this Agreement. The Landlord agrees that this document may be tiled 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 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 federal officials, to all
dwelling units and common areas weatherized,
S. 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 ftiture
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 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.
IU, 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 of this Agreement is held to be invalid by a court or administrative tribunal of
competent jurisdictions,the remainder shall retrain valid and binding,
12. It is understood that by execution of this Agreement,the City does not waive or 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 of any provision of
this Agreement, venue for such action shall lie in state courts located in Tarrant Colony, 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,hereby 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 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: City of Fort Worth:
L�rdlord/ ant u Name: Victor Turner
Title: Director,Neighborhood Services
Department
Title
Approved as to Form and Legality:
Date
Name: Taylor Paris
Print Name of Landlord/Agent Title: Assistant City Attorney
OFF ... 46 Attest:
0z
�o o=d y: ette S.Goodall(Nov 1,2022 16: DT)
°
�P * Name: Jannette S.Goodall
aICY
° 10r
Title; ' City Secretary
��nEXAS-oOp
Contract Compliance Manager:
By signing I acknowledge that I atn the person
responsible for the monitoring and administration
of this contract, including ensuring;all performance
and reporting requirements.
10/m,cal,�1i
By: John Cain(ltzfi,?m?11-46CDT)
Name: John Cain
Title; Neighborhood Dcvelopment Manager,
Neighborhood Services Department
Weatheriration Assistance Program-Landlord Pmninion and ParticipNtion Fom1 and Agreement .146
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
10/20/2022 02:15 8174446532 EAGLE LAKE GARDEN PAGE 07
FORT WORTH,
State of Texas
County of'rarrant
Before me7 Y
on this day of L454_,��)H— , 2p�ersonally appeared
r�s lr,. - (Title)
known to me or proved to me to be the person described yin 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,purposes there4�mnllfilloned.
L
( ota v Public)
j1
My Commission Expires:
(Notary Seal)
MELISSA GROVES
My Notary ID#129948397
Expires September 28,2026
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