HomeMy WebLinkAbout064768 - General - Contract - Karen ClerkleyFORT WORTH.:
CSC No. 64768
LANDLOI2D PERMISSION AND �IVANCIAL P:�RTICINA'1'ION FOR�I AND AG I EEMENT
FOR THE CITY OF FORT WORTH �YEATHERIT,ATION ASSISTANCE PRO�RAM
1.
I,ANDLORD PGR�IISSION
TO PERFOR�t ASSESSMENT &[NSPECI'IUNS FUR RENTAL UNITS
Your multifamily ur single famity building(s), as applicable, is under consideiation to rec�ive services
from the Weatherizatiou Assistancc Program ("LVAP"). The City of Fort Worth ("City") is u}�dcr contract
with the Tesas Deparlmcnt of Huusing and Communiry Affairs ("TDHCA") to administerl lhe WAP in
Tnn:int County. The 1VAP opersites under Federal and State rules which have certain reqtiirements of
which you, as a multi-family building landlord, should bc a�varc. At the bottom of thls pagc is a
PGRMISSION TO ENTGR PREMISES section granting your permission for the C(tv of Fcrt Worth to
cntcr your buildingis) to perPorm energy audits, collcct eligibility documentntion from your tenants, and
complcic applic�tions.
Bet'ore work begins on your building(s), you will be required to sign a Landlord Agreeme�it, a wpy of
which is attacheJ for yottr review. Ptease be awxre that only residential units may be 4rentherized.
Mccting rooms, gnme rooms, laundry rooms, mnintenance rooms, daycarc centers, ofi'�ce nreas or
cornmerciul business areas, and non-residentiaV facilities an� nu[ eligible for wcatheriration ervices. The
City may request u financinl commitment from the bui(ding's landlord(s) based on the estim�ted cost for
each building contnining multi-family rental units. Exceptions to this requirement can be m e when the
o�vner is an income-eligible applicant or a non-profit entity. The financial commitment m�y be in the
fonn of monetary contributions (checks or money ordcrs), mnterials, or Inbor provided to intall eligible
mcusures. All monctary contributions provided by Iandlords will be used Por Iabor and muterials. The
estimated cost of each building will be based on an energy audit that is perfonned on each in�iividual tmit
within tlte building. Wl�en the energy audits are completed, the City will contact you to discuss the
proposed weatheri�tion mepsures for each building and your financial commitment to the pruject and the
Landtord Agreement.
After weatherization services have been provided, the City is required to conduct a qw�lity contro!
inspection to ensure that work was completed in accordance with the standurds set faRh by th : WAP. It is
your responsibility to assist the local City staff in gaining entrance to your property.
n`PER�191 SION TO ENTER PREMISES
I, ��Q l-\ 2.l� e. . as Inndlord/nuthorized agent for buildi�(s) located
at X t�"t, � t � have read and understand the �bove end
hereby grant permission for representatives from the Cltv of Fort Worth to enter these prer_ises for the
purposes of conductiag ener�y audils and collecting eligibility documentation from th: residents.
including applications, and to perform the weatherizetion work.
M��� ]L.X/l_JIL�/T�• X �
Lond Agent's Signature U Date
X ` � �r
Title
�,�1�,.,.,,,`' G�.�-��,�.�
Print Namc of Lnndlord/Agenl
Wwthcrimtiun Assist�ncc Pmgrdm - fanJlonf P�mNYaiun nnd Participaliun Fomi unJ Agncmrn� 1 uf 6
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
FORT WORTH,
��.
LANDLORD FINANCIAL PARTICIPATION FORN(
Dutc of Trensa�tion or nitiul Contacl: City of Fort Wnrth Ncighborhnod I
1 O� 5 Serviccs
Rccponsi6le Landlord or Agent for O�vners of propurty currently under considcralion for
weatherization services:
�Iormandale Place
Physical address or {ocation of property under consideration; �
t��,13S.�as�►c��25t Fc��-�' �as�+ �'1��{i
Number of multifamily building(sj; 0 Number of eligible dael iug units•. 1
, I ���
The WAP requires the City to obtain financial commitment information &om the [ano�lord for the
weatherization services that tl�e City intends to perform on thc building(s). The landlord or �gent for this
building(s) has indicated that he/she fully understands this policy and has deeided to take (ie folloHing
coursa of action:
(AGENCY SHALL COMPLETE AS REQUIRED. LANDLORD INITIALS APPROPRIATE LINE.)
Landlord/Owner will invest S� for the cost of the weatherization work,
This amount represents % of the total estimated cost of the work.
Cd Landlord/Owner is uns e to make any financinl investment.
❑ Landlord/Owner refuses to make an investment.
❑ Ownec is a SQ((C}(3) non-psofit organization.
x � ����-l�L<'J
Landl ydlAgenYs 5ignature Date
Title v xPrint Neme�d� `1►i e'�
II1.
W ralhcri�tiun Acsistancc Pmgram - Wndlunt Pc�miuion mx! PUrticipatiun Funn �nd Ag2rmcm 2 uf 6
FORT V�ORTH,;
1.ANDLORll AGRGEMLN"T
("Agreement")
It is ngrecd liy and fict�ver�i: The Citv of Fort �� nrth I"City") �I
And I
(I,s�ndlord/r�uthorized Agent)%�� N�rYV}p..►,(+,�p,,,� �..L��.... (•'4andlocd")
Lxndtord oc Authorized Agent of the premises {ocated ah �
X i�`1 l� S�►�torrv� du.1� S� �dt�-�- ��{-G� T �C �� t I to �"�rem�ses"�
1. The L�ndlorJ agrees to cooperate with the Ciry by ussisting the City in gathering a�l records and
docwncnts nccessary for the Ciry to determine if lhe lenants residing at the Premise are eligible
according to the US Department of Energy guidelines f'or weatherizat'ron scrviccs. Thc Cit� sliall galher
nnd kccp confidential thc names and incomes of tenants living at the premises, to thc extcj�t allowed by
fatv. �
l
2. [f thc City, at its so(e discretion, detcrmincs that the premises arc eligible for �¢euthcrization
sen�ices, the City agrees to weatherize the Premises in accordance with applicable coc es, laws and
regulutions. Thc Ciry agrces to fonvard a summary of the proposed �vork ro the Landlord aft r the ener�,ry
audits are completed. In exchange for tltese services, Ihe Landlord agrees to be bound by he terms and
conditions of this Agrcement for a period of l2 months, commencing on thc date the weathe�zetion work
is eompleted.
3. A tenant's lease may be renewed for successive periods during the period of the Ag�.ement. If an
cligiblc tenant's Icase ends during the tertn of the Agreement, the owncr is not obligated :o renew the
IeAsc, as long as thc dwclling unit is subsequently rented to an income cligible house �old for the
remaining time period of the Agreemeot. The Landlord sfiall not increase the rents during th ; term of this
Agreement unless the increase is demonstrably related to matters other than weatheri zetion work
performed. tandlord shall not evict tenants for the time period of this Agreement, except ►�r just cause
and for matters unreleted to the weatherization work performed. A 4ist of units and agreem+;nt amounts,
end a copy of the lease agteemenl must be provided to the City, as well as the Dced of Ttust to the
Premises, p�or to the exccution of this Agreement. A failure to provide such documentatio�, prior to thc
execution of this Agreement will be considered a mnterial brench of the Agreement.
4. Wcatherized units thnt become vecant during the tcrm of this Agreement must he rented to
income eligible households.
5. Thc Landlord hereby swears or affinns tliat the Premises is not presendy being offi,red for sale
and further agrees to give the City thuty (30) calendar days written notification of the sale o- conversion
of the Premises. At least ten (10) calendar days prior to the snle or conversion, the Land(cd agrees to
obtain, in writing, the purehaser's �onsent to assume the [,sndlord's obligations under this A„reement, or
if this consent is not obtained, to pay the City the full cost of weatherizetion pro-rated by th ; number of
months leR under this AgreemenL The Landlord agrces that this document may be filcd as cvidence of a
lien (�53 of Uie Texas Prope�ty Codc) against the property in the municipal land records.
\Ycathcriaiiun Aasis�uncc P`uyr�m - LanJWnl Pcmiiuion md Patlicipatiun fumi unJ A�ccmrnt 3 uP6
FORT WORTH�;
6. Thc L.a�idiord agrces to ntainiuin tl�c wcuthcri�atiun mutcrials inslullcd undcr ihis �lgrecmcnl in
accordance with ail relevant coJes. '
7. The City agrees to begin instullation of �veatheriz.+tion materi�ils on or about (dtue) B� nonnnl
businccs hours, acccss by City personncl, City subcomracturs, and statc and fedcral o(�icials, ro all
d�veHing units and common aret�s weatherized. I
I
S. Thc City and Landlord agree thnt the tenants, prescnt and fiuure, an: mcant as l�ie persons to
benefit from thc Wcathcrization Assistance Program. Thc tcnants of weathcrited units''shall rcccive
copics of this Agrcement. Thc City agrees lo pmvide n copy of this Agrecment to tf�e denant of thc
Premises and wcatherized unit. The Landlord agrccs to provide a copy of this Agrccmcn� to all future
tenants of Premises and weathcrizcd units tivhile this Agrccment is in effect. i
9. In the event the Landlord defauhs on or mnterially breaches any tenn of this A�reement, the
Land{ord shall be liabfe for liy�idated dmnuges immediutely due anJ payuble to the City b'be computed
as follows: thc rotal cost of the project not borne by the Landlord shall be divided into l2'equal shares.
Onc share sl�ull be deducted for cach full month that elapses behvicen thc dute of completio� of the work
and thc dnte of Landtord's defau{t or brea�h. The remainder shall be pnid as liquiduted deriages, which
the parties agree reasonably epproximates the actual damages ro City.
l0. LANDLORD SHALL AND DOES FIEREBY AGREE TO INDEMNIFY, PROTECT,
DEFEND, AND HOLD HAR111LESS CITY, AND ITS OFF(CERS, AGENTS, SERVANTS,
REPRESENTATIVES, AND EMPLOYEES, FOR, FROM AND AGAINST ANY AND ALL
CLAIMS, LIAB[LITIES, DAMACES, LOSSES, LIENS, CAU5ES OF ACT[GN, SUITS,
JUDGMENTS, AND EXPENSES OF ANY NATURE, KIND, OR DESCRiPT[ON AR ING OUT
OF, OR ALLEGED TO ARISE OUT OF, OR RELATING TO ANY ACT OR Ohi�SSION OF
LANDLORD, AND ITS OFFICERS, AGENTS, REPRESENTATIVES, AND EMPC,DYEES IN
THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEhiENT.
I(. If any portion of this Agreement is he(d to be invalid by a court or administrntiw; tribunal 04
competent jurisdictions, the remainder shall remain valid and binding.
l2. !t is understood thut by execution of this Agreement, the Ciry does not waive or sumndcr any of
it govemmental powers or immunities.
13. If any action, whether real or asserted, at lativ or in equity, arises on the basis of any provision of
this Agreement, venuc for such action shall lie in state courts located in Tarrant Counry. "exas or the
United States DisUiet Coutt for the Northem District of Texas-Fort Worth Division. Thi �
Agreement shall be eonstrued in accordance with die laws of the State of Texas.
14. Thc person signing tl�is Agreement, and any amendments or addenda heceto, hereby � easrants that
helshe has the legal nuthority to execute this Agreement on behalf of the respective party, qnd that such
binding authority has been granted by proper ordcr, resolution, ordinance or other authorizntio n of the
Wu�hcriaviun Assismncc Progi�m - Wndlonl Pcrmissiun anJ Pnnicipatia� Fumi anJ Agmcm.ot 3 of 6
FORTWORTH.;
entity. Each party is fully cntiticd to rcty oa thcsc warrantics �nd represcnlalions in ent4ring into this
Agrcement or any amendment I�creto.
I5. Tliii Agrcement cannol he modikied or amended �vithout �he written comem oY �ill tlie p�rties
hereto and attached and m�dc n part of this Agreement. �
16. This written instniment canstitutes the entire Agreement by the parties heretu and 4bligations of
Ihe p�rtics and any prior or contemporancous ornl or wriltcn agrecment thnt purpo�s to Vary from the
terms hereoP shall be void.
Signsitures:
Landlord / Agent:
%
LandlJrd / Agent Signaturc
x 1�����,2-
Title
X lO1aQ���
Date
%�_
Print Name of Landlord / Agent
City of Fort Worth:
Keisha Li�rhtforKa�ev7homas
B�l� Keisha LiqhLfor Kecey Thomes (Fe6 �9.202614:32�.�9 CST)
Name: Kaccy Thomas
Title: Director, Neighborhood Servic6 DepaRment
Approvcd as to Form and Lega{tty:
BY' Sophie Mathewr
Name: Sophie Mathews
Tidc: Assistant City Attomey o
»°F Foar jy�ado
id�0
F�t�C3�: aouo °a
(� ��" � � o +°,o a :
��0. apd�IlOEooa�4d
By: l
Name: Jannette Goodall
'fitle: City Secretary
Contract Compllance Manager:
By signing I acknuwledge that I am the person
respomible for the monitoring and adm' nistration
of this contract, including ensuring all �rformance
nnd reporting requirements.
By Joh� ����� �rPn �y� ���6 11.39�21 CS�
Name: lohn Cain
Tit(e: Neighborhood Development Mc nager,
Neighborhood Services Departr �ent
\VcaiM.-nmtion A>sistanca Pmgmm - Wndlunl Pcrtnission and Puniclpa�iva Fom� anJ Agnti�nunt 5 uf 6
QFFICIAL REC4RQ
CfTY SECRETARY
FT. WORTH, TX
FORT WORTH�
St�te of ��(
Cow�ty of�L-A.A'�'-.�
Before me �E: on thi, dn ot`� �
`L�_ Y , 2QZS, person ally upp�ered
+ (Title)
kno�vn to me or prov d to me to be the person described in nnd who executed the within and foregoin�
instrument,��i nckno�le�ed'jthat he/she signed the sume ns his/her volunt�ry nct und cieent; for the uses
� twvl nnrn„� � t,o,•e;... h
(Notar� P ibli �'���—G/
r �My Commission Expires; �" /� �
(Notary Sesl)
�..���;;��.;' MARY KAY HHNLEY
��'`�"` y Notery Publlo. State of Texes
s�t� t
�,�.� �E Comm. 8xplrea 08•16•2028
� � ��� Notery 10 12068334 `,
1YadhcrimUun Assislcuuc Pmbmm - l.nnJlurd Pcmiission uud Pahicipntion �unu und Agn:emcm 6 ufG
FORT ��RTH�
City Secretary's Office
Contract Routing & Transmittal Slip
COnti'aCtOr'S Name: Apartment Multifamily Weatherization Project
SubJeCt Of the Agreemerit: This is a landlord agreement between the City of Fort Worth Weatherization
Program and the landlord. No M&C is required for this agreement
M&C Approved by the Council? * Yes ❑ No 8
If �so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No 8
If �so, provide the original contract number and the amendment number.
Is the Contract "PermanenY'? *Yes ❑ No 8
If �unsure, see back page for pernianent contract listing.
Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: N/A Expiration Date: N/A
If different from the approval date. If applicable.
Is a 1295 Form required? * Yes ❑ No 8
*If �so, please ensure it is attached to the approving M&C or attached to the contract.
Proj ect Number: If applicable. N/A
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 8 No ❑
Contracts need to be routed for CSO processin� in the followin� order:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.