HomeMy WebLinkAboutContract 58757FORTWORTH-
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CSC No.58757
NDLORII VLRNII�SION .N`l) I IN NN( IAI. I' 1R I R 11' � I ION I.OR%I %ND AGRF b MEN I
FOR THE C IT) OF FORT NN ORT11 W F N 111t RI/.% I ION ASSIS'1 NN( F PROGRAM
I.
1. Ntilll OR[) III. RIIISSION
TO PERFORM ASSF.SSMFNT & INSPF( HONS FOR RF NT %L I NITS
it multifanttly or single family building(s), as applicable, is under consideration to receive services
n the Weathenzation Assistance Program ("WAP"). The City of Fort Worth ('f ity"► t, under contract
i the Texas Department of Ilousing and Community Affairs ("I DIl( A") to administer the WAP in
-ant Count. The NVAP operates under Federal and State rules which have certain requirements of
ch you, as a multi -family building landlord, should be aware At the bottom of this page is a
MISSION TO ENTER PRFN,1]SES section granting your permission for the Cia of Fort Worth to
,r 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_
fleeting rooms, game rooms, laundry rooms, maintenance rooms, daycare centers, office areas or
commercial business areas, and non-residential facilities are not eligible for weathetization 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 coinm tment may be in the
fonu 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 WAR It Is
your responsibility to assist the local City staff in gaining entrance to your property.
v C I l I P ElT
SSION TO ENTER PREMISES
We, l_ I as landlords/authorized agents for building located
at a 4 `�'LC1C 0 V✓ have 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.
�� � �JQIIJ� u — \ -1- - Z�
Landlord/Agent's Signature Dale
Landlord/Agent's Signature Print Natnes of Landlords/Agents '
OFFICIAL RECORD
Weatheriaetion Assistance Program - Landlord Permission and Participation Form and Agreement CITY SECRETARY t of 6
FT. WORTH, TX
FORT WORTH
it.
1,ANDVORD F1NANCI %I PARTiCIPATION FORM
Dale of Transaction or initial Conlact:
('ity of Fort Worth NeighborhoM
Services
Responsible Landlord or Agent for Owners of property currently under consideration for
weathefization services: V
Physical address or location of property under consideration
�2q N,(cAdbw gori� Or Wi jl f- � t��itr- too ' rx l VI Vi
Number of multifamily building(s): 0
Number of eligible dwelling units: 1
The WAP requires the City to obtain financial commitment information from the Landlord for
weatherization services that the City intends to perform on the building(s). The landlord or agent for
building(s) has indicated that he/she fully understands this policy and has decided to take th,: folloi
course of action:
(AGENCY SIIALL COMPLETE AS REQUIRED. LANDLORD INITIALS APPROPRIATE LINE.I
Landlord. Owner will invest $ 0 fbr the cost of the weatherization work.
This amount represents % of the total estimated cost of ttk %ork.
Landlord/Owner is unable 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
Landlord/Agent's Signature
Date
U L'I I I ( Gq ( � c,-
Print Name of L� -
Mcatherizarion Assistance Program - Landlord Permission and Participation Form and Agreement
FORT WORTH.
V
("Agreement")
It is agreed by and between: The Vitt of I;ort %% orlh ("Cily")
(Landlord/:authorized Agent)
And
L I)Jt ('0ff t(
("Landlord")
Landlord or Authorized Agent of the premises located at:
�6),4 M? C cd ow?o n< 1Y. \,qh q St W r \trj"� u lU ; "
( Prcmiscg")
1. 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 Agreement 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 least 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 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.
IWcatheriation A."istaocr Program - Landlord Permission and Participation Form and Agreement
3 of 6
0
FORT WORTH.
h. The [ andlord at*recs to maintain the v►cathc•nzgitlon iv.itc.ial, installed under this Agreement m
accordance %%ith a I I rele%ant codr•
7, The City agrees to begin installation of wcathc;rtzation matcrtals on or about (datel. normai
business hours. access by (.'its• penonncl, Cif% subtontracWf� . •►nd state and federal officials. to all
cl%velling units and common areas Nreathenzed
N. The C-rty- and Landlord aerec that the tenants. prc,ent and future, are rrwant as the persons to
henefit from the 'Weatherization 1swi�,tance Program. The tenant,, of ccea'hert.-ed units -,hall receive
copies of this Agreement. The City agrees to provide a a+py of tht- \greement to the tenant of the
Premise and Aeatheriz%A unit. The Landlord agree- to provide a cop) of tht,-%greement to all future
tenants of Premises and weatherized units while this \grecm,�nt 1, to -ffclt
9. In the event the Landlord defaults on or materiall.v breaches an,.,- term of this .Agreement. the
Landlord shall be liable for liquidated damages immediately due and payable to the Cis' to be computed
as follocc :: 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 elapse~ between the date of completion of the work
and the date of Landlord's default or breach. The remainder shall be paid as liquidated dama—cs.
the parties agree reasonably approximates the actual damage~ to City.
10. LANDLORD SHALL AND DOES HEREBY AGREE TO IN-DENINIFY. PROTECT.
DEFEND, AND HOLD HARMLESS CITY. AND ITS OFFICERS, AGE`-,-I'S, SERV_-V%_TS,
REPRESENTATIVES, AND EMPLOYEES, FOR, FROM AND AGAINST ANY AND ALL
CLAIMS, LIABILITIES, DAMAGES, LOSSES, LIENS. CAUSES OF ACTION, tiUITS,
JUDGMENTS, AND EXPENSES OF ANY NATURE, KIND, OR DESCRIPTION ARISING 01-T
OF, OR ALLEGED TO ARISE OUT OF, OR RELATING TO AN1_ ACT OR ONII`SIQN QF
LANDLORD. AND ITS OFFICERS, AGENTS, REPRESENTATIVES. AND EMPLOYEES LN
THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT.
IL If any portion of this Agreement is held to be invalid by a court or administrative tribunal of
competent jurisdictions. t e remainders all remain valid and binding.
12. It is understood t at 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 pro% isicin of
t is Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the
United States District Court for t e Northern District of Texas -Fort Worth Division. This Agreement
shall be construed in accordance wit the laws of the State of Texas.
14. T e person signing this Agreement, and any amendments or addenda ereto, hereby w arrant& that
e/s e has t e legal aut ority to execute t is Agreement on be alf of t e respective part', and t at tiuch
binding aut ority has been granted by proper order, resolution, ordinance or other authorization of the
IWeatherimtion Assistance Program - Landlord Permission and Participation Form and Agreement 4 of 6
entity. Each party is fully entitled to rely on the
amintics and representations in entering into this
Agreement or any amendment hereto.
15. This Ag*rcc•mcnt cannot be modif-icd or amended w-Ithout the written onscnt of all the partie,
hereto and attached and made a part of this Agreeni nt.
16. This written instriitiicnn t t,-o`titu` tcth` c'i'tire Agrecilicnt by the parties her0i and obligatI n, e
�r ontcnip"rincou� oral or written af,rccincnt that purport': to vary fr
the partic, and any prior y�m the
terms hereof hall be void.
Signatures:
Landlord / Agent:
Landlord / Agent Signature
Landlord .Agent Signature
I-ZI
Date
L�j611L
Print Names of Landlords / Agent
City of Fort Worth:
By.
9�-25'Z—L� -
Name:
Victor Turner
Title: Director, Neighborhood Service
Department
Approved as to Form and Legality:
By:
Name: Jessika Williams
Title: Assistant City Attorney
Attest:
By:
Name: Jannette Goodall
Title: City Secretary
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring Lind administration
Of this co tract, including ensuring all performance
and reporting; requirement~.
.TOk7Y7 Colin
liy: John Cain (Jan 23, 202310:05 CST)
Name: John (Lain
Title: Neighborhood Development Manager,
Neighborhood Services Department
OFFICIAL RECORD
Weatherizat]ao Assistance Program - landlord Permission and Participation Fonn and Agreement CITY SECRETARY 5 of
FT. WORTH, TX mood
Iff v
FORT WOKin
ri on this 12111day of ' , r ; IL ±crso ,alit' app; a:cti
"V 1 (Title)
le the lescrifed in and wiryu executed the within and foregoing
he/she sigmed the same; as hisiHer V011a�t,-ry act and deed, for file rises
My C'olmnission Expires; A-�- -y L
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