HomeMy WebLinkAboutContract 52145-A1 CITY SECRETARY
CONTRACT NO. 52 I9S:b.
FIRST 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 ("Lease") (City Secretary Contract No. 52145) effective as of
April 5, 2018 with City of Fort Worth, a Texas home rule municipal corporation ("City") for
leased premises located at 8201 Calmont Street, Fort Worth, Texas, more particularly described in
the Lease ("Premises); and
WHEREAS, the LVTRise and City desire to amend the Lease to remove the requirement
for LVTRise to indemnify the City for its own negligence.
NOW THEREFORE, in consideration of the rentals set forth in the Lease, and other
good and valuable consideration, the parties agree to amend the Lease as follows:
ARTICLE 10. INDEMNIFICATION Section 10.02 is deleted in its entirety and
replaced as follows:
10.02 INDEMNIFICATION. LVTRISE COVENANTS AND AGREES TO
INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND
ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY
AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE,
ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS LEASE
AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE
PROGRAMS DESCRIBED HEREIN; AND LVTRISE HEREBY ASSUMES ALL
LIABILITY AND RESPONSIBILITY FOR ANY AND ALL CLAIMS OR SUITS FOR
PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH,
TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH
THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR
NONPERFORMANCE OF THIS LEASE AGREEMENT AND/OR THE OPERATIONS,
ACTIVITIES AND SERVICES OF THE PROGRAMS DESCRIBED HEREIN. LVTRISE
LIKEWISE CONVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND
HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE
OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN
CONNECTION WITH ALL ACTS OR OMISSIONS OF LVTRISE, ITS OFFICERS,
MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES,
OR PROGRAM PARTICIPANTS. PROVIDED THAT LVTRISE HAS CARRIED
Amendment to City Secretary Contract No. 52145, LVTRISE, INC.
OFFICIAL RECORD
1 CITY SECRETARY
FT. WORTH,TX
CONTRACTUAL LIABILITY COVERAGE IN COMPLIANCE WITH SECTION 6.01,
LVTRISE'S INDEMNITY OBLIGATIONS ARE LIMITED TO PROCEEDS PAID
UNDER APPLICABLE INSURANCE COVERAGE.
LVTRISE AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES,
OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY,
DEATH OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION
WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS LEASE AGREEMENT.
LVTRISE SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO INCLUDE IN
THEIR SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF THE CITY
IN SUBSTANTIALLY THE SAME FORM AS ABOVE.
All other terms and conditions of the Lease remain unchanged and in full force and
effect.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
EXECUTED this al5r day of c)VXl.Q. , 2019.
Amendment to City Secretary Contract No. 52145, LVTRISE, INC.
2
LESSOR: LESSEE:
City of Fort Worth LVTRise,Inc.
By: By:
Jay Chapa timf son
Assistant City Manager LVTRise, Inc. Board Member
CONTRACT COMPLIANCE MANAGER
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring at performance and r ing re irements.
Name: L �
Title: Ir
APPROVED AST FORM AND LEGALITY:
By:
earn Guzman
Senior Assistant City Attorney
ATTEST.
By:
City Secretary �Ir
Form 1295: N/A AS
Contract Authorization:
M&C: M&C L-16192
Date: 3/19/19
Amendment to City Secretary Contract No. 52145,LVTRISE, INC.
OFFICIAL RECORD
3 CITY SECRETARY
FT. (NORTH,TX