HomeMy WebLinkAboutContract 52145-A3 CSC No. 52145-A3
THIRD AMENDMENT TO LEASE AND MANAGEMENT AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND
LVTRISE, INC. FOR CALMONT COMMUNITY CENTER
WHEREAS, LVTRISE, INC., a Texas nonprofit corporation ("LVTRise") entered into a
Lease and Management Agreement (the "Agreement") (City Secretary Contract No. 52145)
effective as of April 5, 2018 with the City of Fort Worth, a Texas home rule municipal corporation
("City")for leased premises located at 8201 Calmont Street,Fort Worth,Texas as more particularly
described in the Agreement and modified herein (the "Premises"); and
WHEREAS LVTRise and City first amended the Agreement on June 21, 2019 to clarify
the indemnity obligation of LVTRise (City Secretary Contract No. 52145-A1); and
WHEREAS LVTRise and City amended the Agreement for a second time on January 10,
2022 to allow LVTRise to install an electric vehicle charging station in the parking lot of the
Premises (City Secretary Contract No. 52145-A-2); and
WHEREAS LVTRise and City now desire to amend the Agreement for a third time to
reduce the footprint of the leased premises, to revise the management and funding obligations of
LVTRise, and to clarify the ownership of certain improvements.
NOW THEREFORE, in consideration of the rentals set forth in the Agreement, and other
good and valuable consideration, the parties agree to amend the Agreement as follows:
1. ARTICLE 1. LEASE OF PREMISES Section 1.01 is deleted in its entirety and
replaced as follows:
1.01 In consideration of a Ten Dollar and 00/100 ($10.00) annual rent and the
commitments made herein by City and LVTRise and the mutual terms and covenants of
this Agreement, and other good and valuable consideration, City demises and leases to
LVTRise, and LVTRise leases from City the Facility, consisting of two buildings
containing in aggregate 12,650 square feet, any improvements thereto, a parking lot, and
recreation amenities. The Facility is located on the Property and is further described on
Exhibit"A"attached to this Agreement. The Facility may be hereinafter referenced as the
Premises. This Agreement is subject to all existing easements for public roads, highways,
public utilities,pipelines and electrical transmission lines or any other easements of record.
2. ARTICLE 1.LEASE OF PREMISES Section 1.02 is deleted in its entirety and
replaced as follows:
1.02 Park Land. LVTRise acknowledges and understands that 4.343 acres of the
Property is dedicated park land (the "Park"), as shown on Exhibit `B", attached to this
Agreement and incorporated herein for all purposes (the "Park"). As park land, the Park
is subject to certain state and local laws, ordinances, and policies, and is open to the public
OFFICIAL RECORD
Third Amendment to City Secretary Contract No.52145 CITY SECRETARY
Lease And Management Agreement with LVTRise 1
FT. WORTH, TX
for use by the public, in accordance with all applicable laws, ordinances, and policies.
LVTRise shall provide limited management for the Park as follows:
(a) During its operating hours, LVTRise shall monitor the Park for
vandalism, illegal dumping, uses contrary to the posted park rules, and any other
illegal activities, and shall report the same immediately to the appropriate
authorities and to the designated representative of the Park and Recreation
Department(PARD) of the City;
(b) LVTRise shall have the authority to make a complaint and be a
witness for the purposes of criminal trespass on the Park, unless otherwise directed
by the Director of PARR;
(c) During its operating hours, LVTRise shall monitor the Park for any
necessary repair or maintenance, and shall report same to the designated
representative of PARD as soon as practicable; and
(d) During its operating hours, LVTRise shall monitor the Park for any
other issues of community concern or uses of the Park that negatively impact the
Facility, the programming at the Facility, or the community and report same to the
designated representative of PARD as soon as practicable.
3. ARTICLE 1. LEASE OF PREMISES Section 1.03 is deleted in its entirety and
replaced as follows:
1.03 General Use Property. The approximately 0.69 acre portion of the Property that is
not part of the Park (the "General Use Property"), as shown on Exhibit "B", attached to
this Agreement and incorporated herein for all purposes, is intended by the City to be
preserved for future growth opportunities aligned with the LVTRise project or with other
public purposes that are not park uses. LVTRise shall provide limited management for the
General Use Property as follows:
(a) During its operating hours, LVTRise shall monitor the General Use
Property for vandalism, illegal dumping, any uses not specifically allowed by City,
and any other illegal activities, and shall report the same immediately to the
appropriate authorities and to the designated representative of the Property
Management Department (PMD) of the City;
(b) LVTRise shall have the authority to make a complaint and be a
witness for the purposes of criminal trespass on the General Use Property, unless
otherwise directed by the Director of PMD;
(c) During its operating hours, LVTRise shall monitor the General Use
Property for any necessary repair or maintenance, and shall report same to the
designated representative of PMD as soon as practicable; and
(d) During its operating hours, LVTRise shall monitor the General Use
Property for any other issues of community concern or uses of the General Use
Property that negatively impact the Facility,the programming at the Facility, or the
community and report same to the designated representative of PMD as soon as
practicable.
Third Amendment to City Secretary Contract No. 52145
Lease And Management Agreement with LVTRise 2
4. ARTICLE 1. LEASE OF PREMISES Section 1.04(i) is deleted in its entirety
and replaced as follows:
(i)As long as sufficient funds have been appropriated, City shall contribute
up to$170,000.00 for fiscal year 2022-2023 for operations and programming("City
Operating Funds"), provided that LVTRise shall contribute a 1:1 match of all City
Operating Funds for the operation, maintenance, and programming of the Facility.
LVTRise shall maintain, and provide to the City upon request, records evidencing
its contribution of the said matching funds. In no event shall the amount paid under
the City Operating Funds exceed one-half of the total costs for operations and
programming. City shall pay the City Operating Funds to LVTRise quarterly.
5. ARTICLE 3. USE OF LEASED PREMISES Section 3.01 is hereby amended
as follows:
The sentence stating "YMCA shall not be charged rent for use of the Property to conduct
Recreational Activities" is hereby amended to read "YMCA shall not be charged rent for use of
the Facility to conduct Recreational Activities."
6. ARTICLE 3. USE OF LEASED PREMISES Section 3.10 is hereby deleted in
its entirety and replaced as follows:
3.10 Ownership of Building and Fixtures. City shall own the Facility and all fixtures
attached thereto. The Facility and any other buildings, improvements, additions,
alterations, and fixtures (including furniture purchased by the City but excluding other
furniture, movable equipment, and trade fixtures) constructed, placed, or maintained on
any part of the Facility during the Term are considered part of the real property owned by
City and must remain on the Facility and title to all permanent improvements on the Facility
shall vest in City.
7. ARTICLE 4. IMPROVEMENTS Section 4.06 (as provided by the second amendment
to the Agreement) is hereby deleted in its entirety and replaced as follows:
4.06 Electric Vehicle Charging Station.
LVTRise may, at its sole cost and expense, install, operate, and maintain one
electric vehicle charging station and related electrical infrastructure ("Charging Station")
in the parking lot located on the Park. Any such installation shall be done in a good and
workmanlike fashion approved by and acceptable to the Assistant City Manager of the City
of Fort Worth who manages this Agreement and shall be in full compliance with all local,
state, and federal requirements. The City shall not be responsible for any damage caused
to the parking lot as a result of the Charging Station. Upon the expiration or termination of
this Agreement, the City may, at its sole discretion, (i) require LVTRise to remove the
Charging Station and restore and repair the parking lot to its former condition; or(ii) allow
the Charging Station to remain on the Park and accept ownership of the Charging Station.
Third Amendment to City Secretary Contract No. 52145
Lease And Management Agreement with LVTRise 3
8. ARTICLE 5.MAINTENANCE AND REPAIR Section 5.02 is hereby amended
to add a new subsection(d) as follows:
(d) Any alterations or improvements that are funded in whole or in part by grant
funds shall be approved by City.All grant applications must be submitted to City for review
and approval prior to submission.
9. EXHIBIT"A"is deleted in its entirety and replaced with the attached Exhibit"A".
10. EXHIBIT"B"is deleted in its entirety and replaced with the attached Exhibit`B".
11. All other terms and conditions of the Agreement remain unchanged and in full force
and effect.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Third Amendment to City Secretary Contract No. 52145
Lease And Management Agreement with LVTRise 4
EXECUTED this 29th day of August , 2022
LESSOR: LESSEE:
City of Fort Worth LVTRise, Inc.
' Q- 2a.r� zo�t.-
By: By: Paige P aCharbonnet(Aug25,202211:24CDT)
Fernando Costa
Assistant City Manager
CONTRACT COMPLIANCE MANAGER
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.
Name:
Title: District Superintendent
APPROVED AS TO FORM AND LEGALITY:
By: rJ
Matthew A. Murray
Assistant City Attorney
ATTEST: F OR
�an�reEte-S. �var7�tCG ,�'OFA� jo°°°°°° �LO��
By. Jan netteS.Goodall(Aug29,202216:40CDT) FJ�o°80
Jannette S. Goodall ~0 _City Secretary v °
*°° dAf
Form 1295: N/A � �EXper�oo
Contract Authorization:
M&C: 22-0329
Date: May 10, 2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Third Amendment to City Secretary Contract No.52145
Lease And Management Agreement with LVTRise 5
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 05/10/22 M&C FILE NUMBER: M&C 22-0329
LOG NAME: 21YMCA CALMONT LVT RISE AMEND
SUBJECT
(CD 3)Amend Mayor and Council Communication L-16192 Authorizing the Acquisition of 8201 Calmont Avenue, Dedicating a Portion of the
Property as Park Land,and Authorizing the Execution of a Lease and Management Agreement with LVTRise, Inc.to Clarify the Portion of Property
that is Non-Park Land and Authorize an Amendment to the Lease and Management Agreement with LVTRise, Inc.to Correctly Identify the Non-
Park Land Property
RECOMMENDATION:
It is recommended that the City Council:
1. Amend Mayor and Council Communication L-16192 that originally authorized the acquisition of 8201 Calmont Avenue,dedicated a portion
of the property as park land,and authorized the execution of a lease and management agreement with LVTRise, Inc.,to clarify the portion of
property that is non-park land;and
2. Authorize an amendment to the lease and management agreement with LVTRise, Inc.to correctly identify the non-park land property.
DISCUSSION:
On March 19,2019,the City Council approved Mayor and Council Communication (M&C)L-16192,authorizing the acquisition of 8201 Calmont
Avenue from YMCA of Metropolitan Fort Worth,dedicating a portion of the property as park land, and authorizing the execution of a lease and
management agreement with LVTRise, Inc.for the use of property to provide programs and services beneficial to the community.The purpose of
this M&C is to revise M&C L-16192 to clarify the portion of the property that is non-park land.
Of the 5.033 acres of land acquired through M&C L-16192, approximately 0.69 acres of land was acquired with non-park funds and was not
dedicated as park land but instead reserved for future growth opportunities aligned with the LVTRise project or other public purposes.
This M&C will also authorize the execution of an amendment to the Lease and Management Agreement with LVTRise, Inc. (City Secretary
Contract No.52145)to correctly identify the non-park land property.
The non-park land property is depicted on the attached site map.
The property is located in Council District 3.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that approval of this recommendation will have no material effect on City funds.
Submitted for City Manager's Office by. Dana Burghdoff 8018
Originating Business Unit Head: Steve Cooke 5134
Additional Information Contact: Ricky Salazar 8379
EXHIBIT "A"
THE FACILITY
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LTV Facilit Copyright 2022 City li Fart Worth.Unauthorized reproduction is a violation of applicable€a This FORT WORTH
y product is tar informational purposes and may not have been prepared for or be suitable o for legal,
engineering.or surveying purposes.It does not represent an on-the-ground survey and represents onry
the approximate relative location of property boundaries. The City of Fort Worth assumes no
responsibility for the accuracy of sabd data.
0 70 140 Feet
Third Amendment to City Secretary Contract No. 52145
Lease And Management Agreement with LVTRise 6
EXHIBIT "B"
PARK LAND AND GENERAL USE LAND
General Use Land being approximately 0.69 acre
Park Land being approximately 4.343 acres
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product is for informational purposes and may no(have been prepared for or be suitable for legal,
Park Land engineering.or surveying purposes.It does nat represent an on-the-grounI survey aid represents only, ar
the approximate relative location of property boundaries. The City of Fort Worth assumes no
responsibility for the accuracy of said data.
0 120 240 Feet
Third Amendment to City Secretary Contract No. 52145
Lease And Management Agreement with LVTRise 7