HomeMy WebLinkAboutContract 52145-A4CSC No. 52145-A4
FOURTH 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-A2); and
WHEREAS LVTRise and City amended the Agreement for a third time on August 29,
2022 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 (City Secretary
Contract No. 52145-A3); and
WHEREAS LVTRise and City now desire to amend the Agreement for a fourth time to
provide City operating funds for Fiscal Year 2023-2024, to reflect updates to the planned
improvements, and to clarify the ownership of equipment and furniture.
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 1.04(i), as amended, 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 annually for three years and for each of fiscal years 2022-2023 and 2023-
2024 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.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Fourth Amendment to City Secretary Contract No. 52145
Lease and Management Agreement with LVTRise 1
2. ARTICLE 3. USE OF LEASED OF PREMISES Section 3.09 is deleted in its
entirety and replaced as follows:
3.09 Ownership of Equipment and Furniture. In that event that City funds are used to
acquire the equipment and furniture used by LVTRise in operation of the facility and its
programming/service activities, the City shall own such equipment and furniture.
LVTRise shall own only the equipment and furniture purchased by LVTRise without the
use of City funds for delivery of such programming/service activities. LVTRise, at its sole
cost and expense, shall be responsible for repair and replacement of all furniture and
equipment purchased by LVTRise during the term of the Agreement.
3. ARTIC_LE 3. USE OF LEASED OF PREMISES Section 3.10 is 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,
fixtures constructed, placed, or maintained on any part of the Premises during the Term are
considered part of the real property of the Premises and must remain on the Premises and
title to all permanent improvements on the Premises shall vest in City. Furniture purchased
by the City or by LVTRise with the use of City funds (including movable equipment and
trade fixtures) shall also remain on the Premises and title to such furniture and equipment
shall vest in the City.
4. ARTICLE 4. IMPROVEMENTS Section 4.01 is deleted in its entirety and
replaced as follows:
4.01 Planned Improvements. The parties acknowledge that the Facility is in need of
renovation in order to accommodate new programming needs, address ADA accessibility, and
perform capital upgrades, including, but not limited to, roof and HVAC replacement. The total
estimated cost for all building renovations and related site improvements is $3,200,000.00; however,
in order to meet current LVTRise project objectives, building renovations and site improvements
will take place in phases. Phase I included the renovation of one building containing approximately
5,625 SF, being identified as the North Building, roof and HVAC repairs to both the North and
South Buildings and park related site improvements, all in accordance with and as more particularly
set forth in the scope of work in Exhibit "C", attached hereto and made apart hereof for all purposes
(the "Work").
effect.
5. All other terms and conditions of the Agreement remain unchanged and in full force and
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Fourth Amendment to City Secretary Contract No. 52145
Lease and Management Agreement with LVTRise 2
EXECUTED this day of , 2024.
LESSOR:
City of Fort Worth
By��—
Fernando Costa
Assistant City Manager
LESSEE:
LVTRise, Inc.
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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.
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Title: Assistant Director of NE
APPROVED AS TO FORM AND LEGALITY:
By: -A&I. �
Matthew A. Murray
Assistant City Attorney
ATTEST:
By: A . " .
vJannette S. Goodall
City Secretary
Form 1295: N/A
Contract Authorization:
M&C:
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Fourth Amendment to City Secretary Contract No. 52145
Lease and Management Agreement with LVTRise 3
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/17/24 M&C FILE NUMBER: M&C 24-0831
LOG NAME: 19LVTRISE FOURTH AMENDMENT
SUBJECT
(CD 3) Authorize Amendment to the Lease and Management Agreement with LVTRise, Inc. for the City's Property Located at 8201 Calmont
Avenue, Fort Worth, Texas 76116 to Provide Operations and Programming Funding in the Amount of $170,000.00 for Fiscal Year 2024
RECOMMENDATION:
It is recommended that the City Council authorize an amendment to the Lease and Management Agreement between the City of Fort Worth and
LVTRise, Inc. for the City's property located at 8201 Calmont Avenue, Fort Worth, Texas 76116 to provide operations and programming funding in
the amount of $170,000.00 for Fiscal Year 2024.
11&10111*4103kiF
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 ("Lease and Management Agreement") with LVTRise, Inc. ("LVTRise") for the use of the property as the LVTRise
Community Center and to provide programs and services beneficial to the community. As part of the M&C, the City committed to providing
$300,000.00 annually for three years, which included capital maintenance funding of $130,000.00 and building operating and programming
expenses of $170,000.00. In August 2022, this Lease and Management Agreement was amended to provide an additional year of operating and
programming funding for fiscal year 2022-2023. The purpose of this M&C is to amend the Lease and Management Agreement again to allow for
the continued payment of the City's contribution of $170,000.00 for operations and programming for the 2023-2024 fiscal year.
The Lease and Management Agreement requires LVTRise to contribute a 1:1 match of all City operating and programming funds for the
operation, maintenance, and programming of the LVTRise facility. LVTRise must provide to the City, upon request, records evidencing its
contribution of the matching funds. In no event shall the amount paid by the City for operations and programming exceed one-half of the total costs
for operations and programming of the LVTRise Community Center.
To date, the City has paid LVTRise $85,000.00 for the 2023-2024 fiscal year. Approval of this M&C will ratify the $85,000.00 already paid and
allow payment of the remaining $85,000.00 for the fiscal year.
Funding is budgeted in the Other Contractual Services account within the General Fund for the Neighborhood Services Department, as
appropriated.
The 2024-2025 recommended annual budget for the City's General Fund includes a request to provide ongoing annual operating and
programming support in the amount of $170,000.00 for LVTRise. In addition, LVTRise receives funding through the Crime Control and Prevention
District (approximately $312,000.00 over three years) and Las Vegas Trail Public Improvement District ($90,000.00).
The LVTRise Community Center is located in COUNCIL DISTRICT 3.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation, funds are available in the current operating budget, as
appropriated, of the General Fund. Prior to an expenditure being incurred, the Neighborhood Services Department has the responsibility to
validate the availability of funds.
Submitted for Citv Manaaer's Office by
Oriainatina Business Unit Head
Fernando Costa 6122
Kacey Bess 8187
Additional Information Contact: Kacey Bess 8187