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HomeMy WebLinkAboutContract 52145-A5Fifth Amendment to City Secretary Contract No. 52145 Lease and Management Agreement with LVTRise 1 FIFTH 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 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 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 amended the Agreement for a fourth time on September 18, 2024 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 (City Secretary Contract No. 52145-A4); and WHEREAS, LVTRise and City now desire to amend the Agreement for a fifth time to provide City operating funds for Fiscal Year 2024-2025. 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, 2023-2024, and 2024-2025 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. CSC No. 52145-A5 Fifth Amendment to City Secretary Contract No. 52145 Lease and Management Agreement with LVTRise 2 2. All other terms and conditions of the Agreement remain unchanged and in full force and effect. EXECUTED this day of , 2025. LESSOR: City of Fort Worth By: ___________________________ Name: Jesica McEachern Title: Assistant City Manager LESSEE: LVTRise, Inc. By: ___________________________ Name: Paige Chabonnet Title: Executive Director FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: By: ______________________________ Name: Dave Lewis Title: Deputy Director Park & Recreation Department Approved as to Form and Legality: By: ______________________________ Name: Matthew A. Murray Title: Assistant City Attorney Contract Authorization: M&C: 25-0063 (January 28, 2025) Form 1295: N/A 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. By: ______________________________ Name: Monique Hill Title: Assistant Director Park & Recreation Department City Secretary: By: ______________________________ Name: Jannette S. Goodall Title: City Secretary 14th February 2/7/25, 10:02 AM CITY COUNCIL AGENDA Create New From This M8�C DATE: 1/28/2025 REFERENCE NO.: **M&C 25- 0063 CODE: C TYPE: CONSENT PUBLIC HEARING: 80LVTRISE FIFTH AMENDMENT M&C Review LOG NAME: � F�RT�'�ORTI� -��- 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 2025 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 program funding in the amount of $170,000.00 for Fiscal Year 2025. DISCUSSION: The purpose of this Mayor & Council Communication (M&C) is to amend the Lease and Management Agreement with LVTRise, Inc. (LVTRise), Fort Worth City Secretary Contract (CSC) Number 52145, authorizing the Fiscal Year (FY) 2025 payment of $170,000.00 for operations and programming at the LVTRise Community Center. Funds for the City's matching contribution is allocated in the FY2025 adopted budget. 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 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 operating and programming expenses of $170,000.00. On August 29, 2022, the Lease and Management Agreement was amended to provide an additional year of operating and programming funding for FY2023 (M&C L-16192, CSC 52145-A3). On September 17, 2024, the Lease and Management Agreement was amended to provide an additional year of operating and programming funding for FY2024 (M&C 24-0831, CSC 52145-A4). 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. LVTRise will be responsible for remaining operating and programming expenses. Because FY2025 represents the sixth year of the program, a review of the matching funds stipulation is scheduled. Funding is budgeted in the Other Contractual Services account within the General Fund for the Park & Recreation Department as appropriated. The LVTRise Community Center is located in COUNCIL DISTRICT 3. FISCAL INFORMATION/CERTIFICATION: apps.cfwnet.org/council_packet/mc_review.asp?ID=32928&councildate=1 /28/2025 1 /2 2/7/25, 10:02 AM M&C Review 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 Park & Recreation Department has the responsibility to validate the availability of funds. TO �Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: ATTACHMENTS 19LVTRISE FIFTH AMENDMENT.xlsx (CFW Internal) Funds Availability - LVT Rise FY25.pdf (CFW Internal) Nov 21, Doc 1.pdf (CFW Internal) Jesica L. McEachern (5804) Richard Zavala (5704) Monique Hill (5775) apps.cfwnet.org/council_packet/mc_review.asp?ID=32928&councildate=1 /28/2025 2/2