HomeMy WebLinkAboutContract 59880FORT WORTH,,,, CSC Mo. 59 3 0
LANDLORD PERMISSION AND FINANCIAL PARTICIPATION FO: C 4 AND AGREENEN
FOR THE CITY OF FORT WORTH WEATHERIZATION ASSIST kNCE PRO DRAW
I.
LANDLORD PERMISSION
TO PERFORM ASSESSMENT & INSPECTIONS FOR RE 4 AL UNITS
Your multifamily or single family building(s), as applicable, is under consi i ation to re=ive szrvic
from the Weatherization Assistance Program ("WAP"). The City of Fort Woth�("City") is under nn t
with the Texas Department of Housing and Community Affairs ("TDHCA" 1 o administer the �''AP
Tarrant County. The WAP operates under Federal and State rules which hive certain re( uirer=nts f
which you, as a multi -family building landlord, should be aware. At the bottom of this pa ;e is i
PERMISSION TO ENTER PREMISES section granting your permission for the Citv of F )rt W prth
enter your building(s) to perform energy audits, collect eligibility documentrtion from you, tenai ts, al�d
complete applications.
Before work begins on your building(s), you will be required to sign a Lan it rd Agreement, a opy
which is attached for your review. Please be aware that only residential u iits may be weatl eris
Meeting rooms, game rooms, laundry rooms, maintenance rooms, dayc&te centers, office awas
commercial business areas, and non-residential facilities are not eligible for -v atherization services. '
City may request a financial commitment from the building's landlord(s) has. on the estimated ost
each building containing multi -family rental units. Exceptions to this require n nt can be made % ien
owner is an income -eligible applicant or a non-profit entity. The financial commitment r ray bg in
form of monetary contributions (checks or money orders), materials, or labo rovided to install -ligi
measures. All monetary contributions provided by landlords will be used ibi labor and n raterials.
estimated cost of each building will be based on an energy audit that is perfor tr ed on each n idivid ral t
within the building. When the energy audits are completed, the City will c ntact you 0 disc.iss
proposed weatherization measures for each building and your financial commit ent to the project ind
Landlord Agreement.
After weatherization services have been provided, the City is required t<• fonduct a g1iality on 1
inspection to ensure that work was completed in accordance with the standaros et forth by t he W: I It s
your responsibility to assist the local City staff in gaining entrance to your prof rty.
,, PERMISSION TO ENTER PREMISES
I, K. btra 11 G.0 I JO >1 I a as landlord/authorized ent for build ing(s) Iota
at .A la. 1 li vjdW 0-ircLL ai/ f ltX i+kN 'c % (e I OV , have read a ic understand :he ab ve a
hereby grant permission for representatives from the Citv of Fort Worth to ei kter these prt;misee for
purposes of conducting energy audits and collecting eligibility docurneialtion from i he reside
including anppl=ti,,and to perform the weatherization work.
Landlord/Agent's Signature Date
Vo,�Ul er
Title Print Name of Landl +Agent
Weatherization Assistance Program - Landlord Permission and Participation Form and Agreement I I of 6
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
FORT WORTH.,,
II.
LANDLORD FINANCIAL PARTICIPATION
Date of Trans tion r Initial Contact: City of Fort Worth Nei;) borhood
7 7 3 �aC��3 . I Services
Responsible Landlord or Agent for Owners of property currently under cm.—CL"ration for
weatherization services:
AKbe(aO 6-la WQf1(
Physical address or location of property under consideration:
1dla LowdUf) CtrCUL, -t-ot+u-t)&h -1 X %(4 �7
Number of multifamily building(s): Number of eligible dwel li g units:
I -� I /.j `I
The WAP requires the City to obtain financial commitment information Fr�m the Landlord 'or
weatherization services that the City intends to perform on the building(s). TLe landlord or tgent or t
building(s) has indicated that he/she fully understands this policy and has dtc i ed to take i he fo owi ;
course of action:
(AGENCY SHALL COMPLETE AS REQUIRED. LANDLORD INITIALS 4I�PROPRIAT LII- .)
Landlord/Owner will invest $ ��� for the cost of the weather ion work.
This amount represents a/o of the total estimated cost o..'
1/r 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.
�uld- .
Landlord/Agent's Signature Date
0-P3
04 fh�Y A k"l;1E �
Title Print Name of Landloi
III.
Weatherization Assistance Program - Landlord Permission and Participation Form and Agreement
work.
of 6
FORT WORTH,,,
LANDLORD AGREEMENT
("Agreement")
It is agreed by and between: The Citv of Fort Worth ("City")
And
(Landlord/Authorized Agent) Arc b"'-fa I f Clo W an (
Landlord or Authorized Agent of the premises located at:
ti�GLQ T-zvir`�' Ll)Of+y1 T�
("Landlsd")
1. The Landlord agrees to cooperate with the City by assisting the City in gathering al I reco ds 1
documents necessary for the City to determine if the tenants residing at I he Premises are ligi
according to the US Department of Energy guidelines for weatherization serdi es. The Citi, shall gat
and keep confidential the names and incomes of tenants living at the premises to the extert allo ✓ed
law.
2. If the City, at its sole discretion, determines that the premises are a igible for weathe izati i
services, the City agrees to weatherize the Premises in accordance with applicable cod es, la ✓s at 1
regulations. The City agrees to forward a summary of the proposed work to Ae Landlord after the -ner
audits are completed. In exchange for these services, the Landlord agrees to b bound by t he ter as at i
conditions of this Agreement for a period of 24 months, commencing on the drat, the weathe -izatia wo -
is completed.
3. A tenant's lease may be renewed for successive periods during the pe •i d of the Agr eemel t. If
eligible tenant's lease ends during the term of the Agreement, the owner is n t obligated to reww t
lease, as long as the dwelling unit is subsequently rented to an income a igible household 'or t
remaining time period of the Agreement. The Landlord shall not increase the -e its during th -, tern of tl
Agreement unless the increase is demonstrably related to matters other t ian weather izatiol we
performed. Landlord shall not evict tenants for the time period of this Agrern ent, except :'or jue cat
and for matters unrelated to the weatherization work performed. A list of uniti and agreerr ent al loun
and a copy of the lease agreement must be provided to the City, as well as Ithe Deed of Trus to t
Premises, prior to the execution of this Agreement. A failure to provide suck documentatian pric to t
execution of this Agreement will be considered a material breach of the Agreemint.
4. Weatherized units that become vacant during the term of this Ag rement must be re ited
income eligible households.
5. The Landlord hereby swears or affirms that the Premises is not pre— ly being oFered or s�
and further agrees to give the City thirty (30) calendar days written motif—ti , of the sale >r con ersi,
of the Premises. At least ten (10) calendar days prior to the sale or conver4 ,the Landlord al rees
obtain, in writing, the purchaser's consent to assume the Landlord's obligations under this Agreement,
if this consent is not obtained, to pay the City the full cost of weatherization p -o-rated by tie nul fiber
months left under this Agreement. The Landlord agrees that this document rm3 be filed as ;eider ;e of
lien (§53 of the Texas Property Code) against the property in the municipal lal A records.
Weatherization Assistance Program - Landlord Permission and Participation Form and Agreement 3 jf 6
FORT WORTH
6. The Landlord agrees to maintain the weatherization materials installed under this E,greer ent
accordance with all relevant codes.
7. The City agrees to begin installation of weatherization materials on o- ,.bout (date),___,,orm
business hours, access by City personnel, City subcontractors, and state an( federal officials, to i
dwelling units and common areas weatherized.
8. The City and Landlord agree that the tenants, present and future, a •e meant as the per: )ns
benefit from the Weatherization Assistance Program. The tenants of weat [it rized units ;hall _ -cei,
copies of this Agreement. The City agrees to provide a copy of this Agrff—t ient to the tenant of tl
Premises and weatherized unit. The Landlord agrees to provide a copy of thi Agreement to all futu
tenants of Premises and weatherized units while this Agreement is in effect.
9. In the event the Landlord defaults on or materially breaches any tefin of this Agreement, tl
Landlord shall be liable for liquidated damages immediately due and payable tc the City to )e cot tputl
as follows: the total cost of the project not borne by the Landlord shall be divi ed into 24 .qual hart
One share shall be deducted for each full month that elapses between the date completion of th wo
and the date of Landlord's default or breach. The remainder shall be paid as li juidated daraages, whit
the parties agree reasonably approximates the actual damages to City.
10. LANDLORD SHALL AND DOES HEREBY AGREE TO IP 1 EMNIFY, PRO —EC'
DEFEND, AND HOLD HARMLESS CITY, AND ITS OFFICERS, GENTSISINC
RV, NT
REPRESENTATIVES, AND EMPLOYEES, FOR, FROM AND AG ST AND AL
CLAIMS, LIABILITIES, DAMAGES, LOSSES, LIENS, CAUSES F AC, E.
JUDGMENTS, AND EXPENSES OF ANY NATURE, KIND, OR DESCI JPTION OU
OF, OR ALLEGED TO ARISE OUT OF, OR RELATING TO ANY .4AT OR OM [SSIC'N a
LANDLORD, AND ITS OFFICERS, AGENTS, REPRESENTATIVES, E ND EMPL OYE::S I
THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMIQ IT.
11. If any portion of this Agreement is held to be invalid by a court of f dministrativi; tribual i
competent jurisdictions, the remainder shall remain valid and binding.
12. It is understood that by execution of this Agreement, the City does no aive or surr.nder any 4
it governmental powers or immunities.
13. If any action, whether real or asserted, at law or in equity, arises on dr, basis of any provi-on t
this Agreement, venue for such action shall lie in state courts located in Tairtnt County, "exas )r t1
United States District Court for the Northern District of Texas -Fort Worth Di vision. This Agrt--mel
shall he construed in accordance with the laws of the State of Texas.
14. The person signing this Agreement, and any amendments or addenda h meto, hereby warran s tht
he/she has the legal authority to execute this Agreement on behalf of the resp %Rive party, aid tha sue
binding authority has been granted by proper order, resolution, ordinance or othei authorizatio a of tl
Weatherization Assistance Program - Landlord Permission and Participation Form and Agreement 4 o 6
FORTWORTH.
entity. Each party is fully entitled to rely on these warranties and rl
Agreement or any amendment hereto.
15. This Agreement cannot be modified or amended without the writte 1
hereto and attached and made a part of this Agreement.
16. This written instrument constitutes the entire Agreement by the partie s
the parties and any prior or contemporaneous oral or written agreement that
terms hereof shall be void.
Signatures:
Landlord / Agent:
Landlord / Agent Signature
F-.JI
Title
07 -ems- 23
Date
Print Name of Landlord / Agent
City of Fort Worth:
By:
�-
Y
Name: Victor Turner
Title: Director, Neigh]),
Department
in entering it o
of a 1 the
and <bligat ans
itoviryfr in
Servi=s
Approved as to Form i n
I Legality:
uJ.
By:
Name: Jessika William;
Title: Assistant City A
me Y
>i
>oFFortr�°a
Attest:
duo .[0
°o*000
o d
A .;iiaSz�xs
oo*d
oaaIl
By:
nEa 4sda
Name: Jannette S. God
11
Title: City Secretary
Contract Compliance 1 R pager:
By signing I acknowledge that I am the perscA
responsible for the moni to ring and adn inistr: tion
of this contract, including; nsuring all perfor iano
and reporting requireme it .
Tohn Cain
By: John Cain lJUi7,202313:49 CDT)
Name: John Cain
Title: Neighborhood jelopment Manage=,
Neighborhood ices Departnent
Weatherization Assistance Program - Landlord Permission and Participation Form and Agreement 1 5 1`6
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
FORT WORTH.,...
State of Texas
County of Tarrant
Bggfore me �IiSeG S CA&\?- on this3&- day of 2:0,
known to me or proved to me to be the person described in and who executf41the
instrument, and acknowledged that he/she signed the same as his/her voluntar,
Ldprposes therein mentioned. —
(Notary Public)
My Commission Expires: (I., " 03 ' L,5
(Notary Seal)
ELISEA SANCHEZ
Notary ID #133138120
My Commission Expires
f+rEcr June 3, 2025
persona lly
within aid
and deed for the
Weatherization Assistance Program - Landlord Permission and Participation Form and Agreement 1 6 - f 6