HomeMy WebLinkAboutContract 52145-A2 City Secretary Contract No. 52145-A2
SECOND 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 the
leased premises located at 8201 Calmont Street, Fort Worth, Texas, more particularly described in
the Lease ("Premises); and
WHEREAS, LVTRise and City first amended the Lease on June 21, 2019 to clarify the
indemnification obligations of LVTRise (City Secretary Contract No. 52145-A1); and
WHEREAS, LVTRise and City now desire to amend the Lease to allow LVTRise to use
and install an electric vehicle charging station in the parking lot located in the General Use Property
of the Premises.
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:
1. ARTICLE 4. IMPROVEMENTS is hereby amended to incorporate Exhibit"E"
into the Agreement and to add a new section 4.06 Electric Vehicle Charging Station 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 General Use Property as shown on Exhibit "E" attached
to this Agreement and incorporated herein for all purposes. 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 Premises and accept
ownership of the Charging Station. In the event that the Charging Station becomes a risk
to public health and safety or to the Premises, as determined solely by the City, the City
may require LVTRise to remove the Charging Station and to repair the parking lot to its
former condition.
OFFICIAL RECORD
CITY SECRETARY
Second Amendment to City Secretary Contract No. 52145 FT. WORTH, TX
Lease And Management Agreement with LVTRise
City Secretary Contract No.
2. 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 prior to construction or installation. All grant applications
must be submitted to the City's Contract Compliance Manager or designee, as provided
herein, for review and approval prior to submission. Upon receipt of any such grant
application, City shall have thirty (30) days to either consent to the grant application or to
deny the grant application. Unless otherwise agreed to in writing by the parties, the City
shall not be responsible for the maintenance or repair of any alterations or improvements
funded in whole or in part by grant funds and all grant requirements and obligations shall
be the sole responsibility of LVTRise.
3. All other terms and conditions of the Lease remain unchanged and in full force and
effect.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Second Amendment to City Secretary Contract No. 52145
Lease And Management Agreement with LVTRise 2
City Secretary Contract No.
EXECUTED this day of , 2021.
LESSOR: LESSEE:
City of Fort Worth LVTRise, Inc.
By:Fernando Costa(Jan 10,2022 11:09 CST) By:o timpson(Jan10 02209:01CST)
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.
Sonia Singlet (Jan 10,2022 10:26 CST)
Name: Sonia Singleton
Assistant Director, Neighborhood Services Department
Title:
APPROVED AS TO FORM AND LEGALITY:
By:
Matthew A. Murray
Assistant City Attorney
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By: Jannette S.Goodall(Ja 10,202214:30 CST) °
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Form 1295: N/A
Contract Authorization:
M&C: L-16192
Date: March 19, 2019
OFFICIAL RECORD
CITY SECRETARY
Second Amendment to City Secretary Contract No. 52145 FT. WORTH, TX
Lease And Management Agreement with LVTRise
City Secretary Contract No.
EXHIBIT "E"
Electric Vehicle Charging Station
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Second Amendment to City Secretary Contract No. 52145
Lease And Management Agreement with LVTRise 4