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HomeMy WebLinkAboutContract 48522 CITY SECRETARY x 5 6 7 8 9 CONTRACT NO_. LICENSE-AGREEMENT BETWEEN THE CITY OF FORT WORTH ar' of THE FORT WORTH CONVENTION AND VISITOR'S BUREAU 6 L 9 s q This License Agreement ("Agreement") is entered into by and between the City of Fort Worth (the "City"), a home-rule municipal corporation of the State of Texas and The Fort Worth Convention and Visitor's Bureau (the "FWCVB"). RECITALS WHEREAS, since 1999, the Fort Worth Herd (the "Herd"), a division of the FWCVB, has been conducting daily cattle drives in the Stockyards area as a tourist attraction and; WHEREAS, due to construction of new development in the Stockyards, the Herd is required to temporarily relocate their facilities to house livestock and storage during the construction period and; WHEREAS,the Herd desires to use the former Mounted Police Patrol area located at 2500 N Houston Street,Fort Worth,Texas 76164 for temporary housing of livestock and storage and; WHEREAS,the City and the FWCVB agree to license the former Mounted Police Patrol area located at 2500 N Houston Street,Fort Worth,Texas 76164 for use by the Herd; NOW THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: AGREEMENT 1. LICENSED PREMISES A. Identification. For and in consideration of terms under this Agreement and the mutual covenants of the parties expressed herein,City does hereby grant to the FWCVB an exclusive license for the Herd to use the former Mounted Police Patrol Area located at 2500 N Houston Street,Fort Worth, Texas 76164. OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX The location and boundary of the Licensed Premises is identified in Exhibit "A," which is attached hereto and incorporated herein for all purposes as though it were set forth at length. For purposes of this Agreement, the designated space as identified in Exhibit "A" is referred to as the "Licensed Premises." The City has licensed a portion of the area identified in Exhibit"A", as shown on Exhibit"A, "to Rodeo Plaza,Incorporated ("RPI") for use as storage ("RPI Area") and that the RPI Area is excluded from the Licensed Premises, and is not licensed to the FWCVB. B. Acceptance of Premises. The FWCVB takes all portions of the Licensed Premises and all appurtenances in "AS IS" condition without any express or implied warranty on the part of the City. The FWCVB accepts the Licensed Premises in their present condition, finds them suitable for the purposes intended, and further acknowledges that it is thoroughly familiar with such condition by reason of a personal inspection and does not rely on any representations by the City as to the condition of the Licensed Premises or their suitability for the purposes intended. The FWCVB accepts the Licensed Premises subject to any and all previously recorded easements that may have been granted on, along, over, under, or across said property, and releases the City from any and all damages, claims for damages, loss, or liabilities that may be caused to invitees, licensees, or trespassers by reason of the exercise of such rights or privileges granted in said easements. The FWCVB's taking possession of the Licensed Premises shall be conclusive evidence that: (i) the Premises are suitable for the purposes and uses for which same are licensed; and (ii) The FWCVB waives any and all defects in and to the Licensed Premises and all appurtenances thereto. The City shall not be liable to the FWCVB or the FWCVB's agents, employees, contractors, subcontractors, invitees, licensees, guests, volunteers,or program participants for any damage to any person or property due to the acts or omissions on the Licensed Premises of the FWCVB or the FWCVB's agents,employees, contractors,subcontractors,invitees, licensees, guests,volunteers, or program participants. 2. TERM OF AGREEMENT. A. This Agreement shall govern all use of the Licensed Premises by the FWCVB for a period of three (3) years, beginning on November 16, 2016 and terminating on November 15, 2019, subject to the early termination provisions of Section 10. The FWCVB shall have the option to renew this Agreement for three (3) additional successive one (1) year terms. The FWCVB must give written notice to the City of its intent to exercise such option to renew at least thirty (30) days before the expiration of the initial term and each renewal period. 3. CONSIDERATION. For consideration of use of the Licensed Premises by the Herd for temporary housing of livestock and storage, the FWCVB agrees to make improvements to the buildings and property outlined in Exhibit `B." The improvements outlined on Exhibit "B" constitute the total consideration to be provided by the FWCVB for the use of the Licensed Premises during the term of this Agreement. 4. USE OF LICENSED PREMISES. A. Scope of Use; Additional Conditions, The FWCVB covenants and agrees the Licensed Premises will solely be used by the Herd as temporary housing of livestock and storage. Further, the FWCVB agrees to allow RPI access to the RPI Area through the Licensed Premises used by the Herd as needed. For any and all improvements to the Licensed Premises made by the FWCVB or any of the FWCVB's employees or contractors, the FWCVB must provide to the City all construction specifications, drawings, copies of permits, etc. including but not limited to, improvements identified in Exhibit `B" and obtain written approval from the City prior to the start of any construction of improvements. The FWCVB and/or its contractors shall be responsible for obtaining all required permits, etc. for any improvements made to the Licensed Premises. B. Prevention of Hazards. The FWCVB shall not do, or permit to be done, anything in or on any portion of the Licensed Premises,or bring or keep anything therein or thereon which will in any way conflict with the conditions of any insurance policy on the Licensed Premises any part thereof. The FWCVB shall not cause in any way an increase in the rate of fire insurance on the buildings or property. However, the parties agree that the FWCVB has no affirmative obligation to prevent any action by RPI arising or related to the RPI area. C. Utilities. The FWCVB will be responsible for all expenses associated with water, sewer, electricity, gas and waste disposal utilities involving existing service lines. The FWCVB will be responsible for all communications utility expenses, including local and long distance telephone charges, computer charges, internet and exclusive requested cable television charges. Any additional electrical or utility service and/or service lines required by the Herd or FWCVB will be at the sole expense of the FWCVB. 5. WASTE; MAINTENANCE. The FWCVB further agrees to maintain and pick up litter and perform housekeeping as necessary on the Licensed Premises. The FWCVB and/or the Herd will provide a written plan and schedule to be approved by the City, for the storage, removal and disposal of all waste, including but not limited to animal waste, from the Licensed Premises. 6. UNLAWFUL, IMPROPER OR OFFENSIVE USE. The FWCVB agrees that neither it nor its officers, agents, employees, licensees, invitees, volunteers, or program participants shall make any unlawful, improper or offensive use of the Licensed Premises or any part thereof as determined by the City. 7. RIGHT OF ACCESS. The City reserves to itself, its officers, agents, assigns, and employees the right to enter the Licensed Premises at any time with notice to The FWCVB for the purpose of ascertaining compliance with the terms and provisions of this Agreement and making inspection of the Licensed Premises. Members of the City's police, fire, parks, code compliance,health,property management and other designated departments shall have the right at any time to enter any portion of the Licensed Premises (without causing or constituting a termination of the Agreement) for the purpose of inspecting the facilities, maintaining City-owned property, and performing any and all activities necessary for the proper conduct and operation of public property, provided that no unreasonable interference with the Herd 's use of the Licensed Premises is caused by such access. The City will at all times have keys with which to unlock all doors and gates associated with the Licensed Premises, and the FWCVB or the Herd will not change or alter any lock without the City's permission and shall provide new keys to the City within forty-eight (48) hours of making any approved change. 8. INDEPENDENT CONTRACTOR STATUS. The FWCVB shall exercise its rights and privileges as an independent contractor, and not as an officer, agent, servant, or employee of the City. The FWCVB shall have exclusive right to control the details of its operations on the Licensed Premises and all persons performing same, and the FWCVB shall be solely responsible for the acts and omissions of the FWVCB's officers, agents, servants, employees, contractors, subcontractors, invitees, licensees, volunteers, patrons, and program participants. The doctrine of respondent superior shall not apply as between City and the FWCVB or the FWCVB's officers, agents, servants, employees, contractors, subcontractors, invitees, licensees, volunteers, patrons, or program participants. Nothing herein shall be construed as creating a partnership or joint enterprise between City and the FWCVB. Further, it is expressly understood and agreed that no officer, agent, servant, employee, volunteer, or subcontractor of the FWCVB is in the paid service of City, nor shall any person participating in the FWCVB's operations be considered an officer, agent, servant, or employee or the City of Fort Worth. 9. INDEMNITY. THE FWCVB AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO, DEATH) TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OF CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE LICENSING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE, OR LOCATION OF THE LICENSED PREMISES DURING THE TERM OF THIS AGREEMENT, UNLESS SUCH CLAIMS OR SUITS ARE A RESULT OF THE SOLE ACTUAL OR ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, SEPARATE CONTRACTORS, LICENSEES, OR INVITEES OF THE CITY. THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. 10. TERMINATION. A. In the event FWCVB or their sub-licensees fails or refuses to fully perform and satisfy all of its covenants and obligations, whether expressed or implied, the City may terminate this Agreement at any time after the City provides the FWCB with ninety (90) days advance written notice reasonably detailing the failure or refusal to perform or satisfy covenants or obligations and the FWCVB has failed to cure such failure or refusal within such-ninety-day period, enter and obtain possession of the Licensed Premises, and remove the Herd without notice to FWCVB, without being deemed guilty of trespass, and without any liability whatsoever on the part of the City. Such removal and termination shall not relieve or release the FWCVB from any liability or obligation unto the City previously incurred under this Agreement. The FWCVB hereby grants a lien to the City in and on all personal property belonging to the FWCVB in or on the Licensed Premises as a possessory pledge to secure the timely performance by the FWCVB of all of its obligations hereunder. In the event of default by the FWCVB, the City is and shall be empowered and authorized to seize and hold all of the personal property belonging to the FWCVB in or on the Licensed Premises to secure such performance. Pursuant to said seizure, City is authorized to sell same at public or private sale and to apply the proceeds thereof first to pay the expenses of sale and to pay all amounts due the City hereunder, holding the balance remaining for payment to or on behalf of the FWCVB. A copy of this Agreement shall be the only warrant required. B. City may terminate this Agreement at any time for any reason on ninety (90) days' written notice delivered to the FWCVB. C. The FWCVB may terminate this Agreement at any time for any reason on ninety (90) days' written notice delivered to City. In the event that City fails to comply with or breaches any of the terms and provisions of this Agreement,the FWCVB shall have the right to terminate this Agreement after the FWCVB provides the City with ninety(90) days advance written notice reasonably detailing the failure or breach and the City has failed to cure such failure or breach within such ninety-day period. D. At the termination or expiration of this Agreement, the Licensed Premises shall be returned to the City in the same, if not better condition as was at the start of this Agreement and all permanent improvements shall remain with the Licensed Premises at no cost to the City. 11. DELIVERY OF LICENSED PREMISES. The FWCVB further agrees that it will, following the termination or expiration of this Agreement, peaceably deliver up to the City the Licensed Premises and all appurtenances or improvements thereon in the same, if not better condition as was at the start of this Agreement. 12. RULES, REGULATIONS AND OPERATION. The FWCVB shall comply with all ordinances and regulations of the City and with the laws of the State of Texas and of the United States of America applicable to the use of said Licensed Premises. The FWCVB shall obtain and pay for all necessary permits and licenses required or used in connection with the Herd's use of the Licensed Premises. 13. DAMAGE TO PERSONAL PROPERTY. City shall bear no liability for personal property placed in the Licensed Premises by the FWCVB or their sub-licensees. 14. INSURANCE. A. The FWCVB agrees to supply to the City a certificate of public liability insurance; such insurance shall be in effect for the term of this Agreement and any renewals thereof and shall provide the following types and amounts of liability coverage: Property damage $1,000,000.00 Bodily injury, including death, each person $1,000,000.00 Bodily injury, including death, each accident $1,000,000.00 City may, in its sole discretion, require the FWCVB to increase or revise the types and amounts of coverage based upon the use of the Licensed Premises B. Each policy of insurance required under this Agreement shall list the City of Fort Worth as a Certificate Holder and shall be endorsed to name the City is an additional insured. Reference to this endorsement shall be included in the "Description" section of each insurance certificate, and the City of Fort Worth shall be listed on the certificate as a Certificate Holder. 15. NOTICES. Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand-delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other party shown below: TO CITY: TO FORT WORTH CONVENTION Lease Management AND VISITORS BUREAU: Property Management Department Kristin Jaworski 900 Monroe, Suite 404 The Fort Worth Herd Fort Worth, Texas 76102 111 W. 4 1 St. Fort Worth, Texas 76102 WITH A COPY TO: Leann Guzman, Senior Assistant City Attorney City Attorney's Office 1000 Throckmorton Fort Worth, Texas 76102 16. ASSIGNMENT. The FWCVB shall not assign or subcontract all or any part of its rights, privileges, or duties under this Agreement without the prior written consent of City. Any attempted assignment of subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. If City grants consent to an assignment, the assignee shall execute a written agreement with the City and the FWCVB under which the assignee agrees to be bound by the duties and obligations of the FWCVB under this Agreement. The FWCVB and the assignee shall be jointly liable for all obligations under this Agreement prior to the assignment. If the City grants consent to a subcontract, the subcontractor shall execute a written agreement with the FWCVB referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of the FWCVB under this Agreement as such duties and obligations may apply. The FWCVB shall provide the City with a fully executed copy of any such subcontract. 17. COMPLIANCE WITH LAW. FWCVB and FWCVB's officers, agents, servants, employees, volunteers, sub-licensees and subcontractors shall abide by and comply with all federal, state,and local laws, rules, and regulations, including, but not limited to, all ordinances, rules, and regulations of City. It is agreed and understood that if City calls to the attention of the FWCVB any violation on the part of the FWCVB or any of its officers, agents, servants, employees, volunteers, or subcontractors,then FWCVB shall immediately desist from and correct such violation. 18. NON-DISCRIMINATION. In the execution, performance, or attempted performance of this Agreement, the FWCVB will not discriminate against any person or persons because of disability, familial status, sex, race, religion, color, national origin, sexual orientation, or any other class of person protected by law nor will the FWCVB permit its officers, agents, servants, employees, volunteers, or subcontractors to engage in such discrimination. This Agreement is made and entered into with reference specifically to the Code of Ordinances of the City of Fort Worth relating to discrimination in employment practices, and the FWCVB hereby covenants and agrees that the FWCVB, its officers, agents, employees, volunteers, and subcontractors have fully complied with all provisions of same and that no employee or employee-applicant has been discriminated against by either the FWCVB, its officers, agents, employees, volunteers, or subcontractors. 19. RIGHT TO AUDIT. The FWCVB agrees that the City shall, until the expiration of three (3) years after final expiration or termination of this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the FWCVB involving transactions relating to this Agreement. The FWCVB agrees that the City shall have access during normal working hours to all necessary FWCVB facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give the FWCVB reasonable advance notice of intended audits. The FWCVB further agrees to include in all of its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give subcontractor reasonable advance notice of intended audits. This section shall survive the expiration or termination of this Agreement. 20. NON-WAIVER. The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's or the FWCVB's right to assert or rely on any such term or right on any future occasion. 21. DISCLOSURE OF CONFLICTS. The FWCVB hereby warrants to the City that the FWCVB has made full disclosure in writing of any existing or potential conflicts of interest related to the FWCVB's execution of this Agreement and provision of services. In the event that any conflicts of interest arise after the execution of this Agreement,the FWCVB hereby agrees to make full disclosure to the City in writing immediately on learning of such conflict. 22. GOVERNMENTAL POWERS. Both parties agree and understand that the City does not waive or surrender any of its governmental powers by execution of this Agreement. 23. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity,legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. 24. FORCE MAJEURE. If either Party is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or any equivalent alert system that may be instituted by any agency United States; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. 25. GOVERNING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas -Fort Worth Division. 26. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 27. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have had the opportunity to review and revise this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 28. AMENDMENT. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the parties hereto. 29. SIGNATURE AUTHORITY. The person signing this Agreement hereby warrants that he or she has the legal authority to execute this Agreement on behalf of his or her respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. 30. ENTIRE AGREEMENT. This written instrument (together with any attachments, exhibits, and appendices) constitutes the entire understanding between the parties concerning the use of the Licensed Premises and the services to be performed, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. 31. NO THIRD PARTY BENEFICIARIES. This Agreement is for the sole benefit of the City, the FWCVB and the Herd, and no third party is intended to be a beneficiary of this Agreement. EXECUTED in Fort Worth, Tarrant County, Texas on this the n day of Df a in k�; 2016. CITY OF FORT WORTH THE FORT WORTH CONVENTION AND VISITOR'S BUREAU By: By: Jesus J. Chapa o rt L. Jameson CTA Assistant City Manager dent and CEO APPROVED AS TO FORM AN LEGALITY: 0 l o� Leann Guzman Senior Assistant City Attorney, Section Chief Form 1295 Required M&C: L-15967 A OF Fp .!S'� ry Kayser ' City Secretary 'S~ M&C: Date: S OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared Jesus J. Chapa, Assistant City Manager, of City of Fort Worth, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Fort Worth, and that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas and for the purposes and consideration therein expressed, and in the capacity therein stated. Subscribed to and sworn before me this day of Q.C_ , 2016. .0k, it LI u''�a �,. NDA M. HI Notary Public in and for the =Notary Pubiic,state of Texas State of Texas Com �;`•....••��; �; m•Expires 02-02-2018 My Commission Expires: ilk%�` Notary in 12414414.6 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared Robert L. Jameson, the Fort Worth Convention and Visitor's Bureau, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said The Fort Worth Convention and Visitor's Bureau and that he executed the same as the act and deed of the of The Fort Worth Convention and Visitor's Bureau, for the purposes and consideration therein expressed, and in the capacity therein stated. Subscribed and sworn to before me this22!0 day of DGCf,N4-q k 2016. hV . � Notary Public in and f the nap ERUNDA GERCIO DE JESUS State of Texas Notary Public,State of Texas My Commission Expires My Commission Expires: August 31, 2017 ftiySl 31. 2o1 EXHIBIT"A" Private Business sf - Stalls A ' Stalls S r, D 13 €t ` v �1 ,' f —Stntls C " jq3 .., F Approx. /mss rox_ 115, I � � Approx_ 96' � If' _..,.. w- 3 :-, Temp Approx. P' Restroom _- 103' n r 3 € Police•Dept. Former Mounted Police Patrol Area Highlighted area The Herd's Licensed Premises RPI's Licensed Premises Identified in green area Identified in orange area Exhibit `B" Page 1 of 3 Fort Worth Herd Relocation to 2500 N.Houston Working Budget 9/19/2016 ITEM COST FENCING- Extend fence line down to Houston St.&20'of hitch posts under Barn 2 $ 5,200.00 Stabilize the fence along the north fence line and remove and install all new horse fencing $ 3,750.00 West fence line 8 ft.fence chain link with barbed wire topper at 45° $ 8,240.00 East fence;Replace with new wood panels $ 7,600.00 Weld horseshoes onto all existing hitching post.Shoes provided by Herd No Charge Paint all the exterior fencing and hitching posts.Excludes the hot walker located in the court area. $ 3,400.00 PAINTING- BARN 1 Prep and paint everything Replace lumber on back&side walls Straighten tin on outside fascia $ 4,000.00 BARN 2 Power wash and paint $ 1,600.00 BARN 3 Prep and Paint Replace lumber on back walls and add to north side wall North Tack Room install curbs and flashings to waterproof,replace door with solid panels $ 4,300.00 Spray insulation on walls and ceiling for tempature control of storage room BARN 4 Prep and paint interior as directed $ 600.00 ELECTRICAL- Until final scope of work is ascertained,contingency $ 3,500.00 Exhibit `B" Page 2 of 3 Fort Worth Herd Relocation to 2500 N.Houston Working Budget 9/19/2016 ITEM COST _ OUTSIDE REST ROOM FACILITIES Temporary facility from Craigslist $ 3,000.00 Required upgrades with flooring and FRP $ 1,620.00 Travel to and retrieve and return,in-house with Herd staff PLUMBING Install water and sewer to portable bldg.next to Barn 4 $ 5,000.00 STALL BEDDING SYSTEM Ground master bedding system for 14 Stalls $ 7,733.68 Installation Labor&Rock $ 4,633.32 EXERCISE WALKER Supreme-Panel horse walker model $ 91000.00 Installation,(labor,concrete pad,electrical,equipment rental) $ 1,500.00 WI-FI Install and Service ATT Uverse Service per month($85/month)$99 installation-service for 2 years $ 99.00 Security Cameras Install existing cameras,run wire,conduit and install DUR(relocate current equipment) $ 3,000.00 Subtotal $ 77,776.00 Contingency 15% $ 11,666.40 Working Budget $ 89,442.40 Exhibit `B" Page 3 of 3 Fort Worth Herd Relocation to 2500 N,Houston Working Budget 9/19/2016 ADDITIONALLY: Need to have city run sewer tap to property line/otherwise have to run grinder pump&330'discharge line $9,500 $ 9,500,00 CITY ASSISTANCE NEEDED: s Tap of sewer line in Ellis and brought to property line 2 Approval of"temporary"toilet application 3 24'curb cut on Houston to allow for trailer ramp 4 Approval of staff parking along Ellis Ave(8,90 cars) HERD to COMPLETE; i Grade out of parking lot 2 Labor with cleanup of facility 3 Tractor work of facility 4 Removal of trash 5 Tear down of temporary stalls and resetting horse stalls 6 Installation of cross ties for stall footings WI-FI Install and Service ATT Uverse Service per month($851month)•service for 2 years $ 2,040,00