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HomeMy WebLinkAboutContract 27542-A6, �; e�: ' � [� REC���� Vn�P� � ��� r.�.� � I O�FORZW�Rti� GI �m S��R� Y �� ���� �o�,��. ���a�� � SIXTH AMENDMENT AND THIRD RENEWAL OF CITY SECRETARY CONTRACT NO. 27542 LICENSE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND RODEO PLAZA, INCORPORATED On �� ,'� � l("Effective Date"), this AMENDED AGREEMENT is made and entered by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas (hereinafter referred to as "City") acting by and through its duly authorized Assistant City Manager, and RODEO PLAZA, INC. (hereinafter referred to as "RPI") acting by and through Donald Jury, its duly authorized CFO. WHEREAS, on February 12, 2002, the City Council, via M&C C-18960, authorized the City Manager to execute a five-year agreement styled as City Contract No. ("CSC") 27542 with RPI to use, manage and operate the Cowtown Coliseum, the adjoining "run-ouY' area, the adjacent outside arena, bleachers and the central power plant located at 122-133 East Exchange Ave; and, WHEREAS, CSC No. 27542 between the City and RPI provided for a five-year primary term beginning October 1, 2001 with five (5) consecutive one (1) year renewal options thereafter; and, WHEREAS, on February 6, 2007, the City Council, via M&C C-21956, authorized the City Manager to execute the first extension to CSC No. 27542 with Rodeo Plaza for an additional term of one (1) year commencing on October 6, 2006 and expiring on September 30, 2007 via CSC No. 35048; CSC Nos. 27542 and 35048 are hereinafter collectively referred to as the "Agreement;" and, WHEREAS, on October 6, 2007, the City Council, via M&C C-22455, authorized the City Manager to execute the second extension to CSC No. 27542 with RPI to amend the term SIXTH AMENDMENT AND THIRD RENEWAL OF CITY SECRETARY CONTRACT NO. 27542 LICENSE AGREEMENT Page 1 of 7 OFFICOA�. RECORD CITY SECRETARY FT. VIIORTH, TX and the amount to be paid under the Agreement for an additional ten (10) years commencing on October 1, 2007 and ending on September 30, 2017 with two five (5) year renewal options thereafter via CSC Nos. 27542, 35048 and 36118; and, WHEREAS, on October 20, 2009, Stockyards 2000, L.P., the owner of Billy Bob's Texas and RPI, purchased approximately 16,698 square feet of City property located adjacent to and south of Billy Bob's Texas and north of the Ride Out Arena and the covered area of Cowtown Coliseum in order to expand the stage of the entertainment venue; and, WHEREAS, on November 19, 2009, the parties amended the license of the premises located at 122-133 East Exchange Avenue, Fort Worth, Tarrant County, Texas to reflect the removal of the 16,698 square feet of City property described in the preceding paragraph (CSC No. 36118-A1); and WHEREAS, on December 14, 2010, the City Council, via M&C C-24646, authorized the City Manager to amend the terms of the Agreement to include the Rodeo Plaza Property, a City owned 1.48 acre tract of land, as more particularly described in the CSC 3611 8-A2's Exhibit A-1 ("Rodeo Plaza Property"). The Rodeo Plaza Property is adjacent to the 122-133 East Exchange Avenue property. The City desired to use the Rodeo Plaza Property for events to promote economic development and for the presentation of events (including entertainment, social, cultural, sporting, rodeo, livestock, and like events); WHEREAS, on December 21, 2010, in CSC 36118-A2, the parties amended the Agreement to allow: (1) RPI to manage, maintain and administer the Rodeo Plaza Property through a interim/pilot program, from December 21, 2010 until June 19, 2011, in accordance with the terms and conditions of CSC Nos. 27542, 35048, 36118 and 36118-AI (the original Rodeo Plaza/Cowtown Coliseum Agreement); SIXTH AMENDMENT AND THIRD RENEWAL OF CITY SECRETARY CONTRACT NO. 27542 LICENSE AGREEMENT Page 2 of 7 (2) the City to continue to provide waste removal services, landscape maintenance, and street light replacement and maintenance, and gate opening mechanism maintenance; and (3) the City by and through its contractor, the Arts Council of Fort Worth and Tarrant County, Inc., which manages the City's Fort Worth Art Program ("FWPA"), to maintain the sculptural public art components; and WHEREAS, the parties amended the Agreement to adopt the Rodeo Plaza/Cowtown Coliseum Agreement's primary term found in CSC Nos. 27542, 35048 and 36118, which will end on September 30, 2017, for the Rodeo Plaza Property program (CSC 36118-A2). WHEREAS, the City and RPI amended the Agreement to allow RPI to add the vacated Mounted Patrol Premises for a period of thirty days pending approval of a longer term license by City Council the city-owned property formerly used as the Mounted Patrol Premises located at 2500 N HOUSTON, as shown on Exhibit A-1 (the "Additional Property") for storage and stabling of livestock; from the Effective Date of this contract for a period for thirty days; WHEREAS, on August 4, 2015, via M&C C-27405, City Council authorized an amendment to the Agreement to manage, maintain, and program the Additional Property in six-month increments up to September 2017, in accordance with the terms and conditions of CSC Nos. 27542, 35048, 36118, 36118-A1, 36118-A2, and all amendments, including this Amendment, and City and RPI hereby mutually desire to so amend the Agreement; WHEREAS, on August 11, 2015, via CSC No. 27542-A5, the additional property was added to the CSC No. 27542 for the term of six months beginning on September 10, 2015, with automatic six month renewal periods to expire on September 30,2017. WHEREAS, on December 6, 2016, the City Council, via M&C L-15972, authorized the City Manager to amend the terms of the Agreement, CSC No. 27542, to: SIXTH AMENDMENT AND THIRD RENEWAL OF CITY SECRETARY CONTRACT NO. 27542 LICENSE AGREEMENT Page 3 of 7 (1) Reduce the area of the additional property area added via CSC No. 27542-A5; and (2) Extend the term for an additional ten (10) years to expire on September 30, 2027; and (3) To fund, construct and complete a minimum of $150,000.00 in tenant capital improvements to the Cowtown Coliseum for projects which are mutually agreed upon by RPI and the City of Fort Worth as set out in writing. NOW, THEREFORE, in consideration of the mutual covenants and agreement set forth herein, City and RPI hereby mutually agree to amend the Agreement as follows: Article 1. License of the Premises The portion of the License describing the additional City-owned property as the Mounted Patrol Premises, located at 2500 N Houston St., Fort Worth, Texas 76154 added to the agreement via CSC No. 27542-A5 is amended to reflect the reduced area as shown in Exhibit "A." Article 2. Term The current license term to expire on September 30, 2017 is extended for an additional ten (10) years to expire on September 30, 2027. Article 3. Capital Improvements RPI shall, within two years from the execution of this Sixth Amendment to the Third Renewal Agreement CSC 27542, fund, construct and complete a minimum of $150,000.00 in tenant capital improvements to the Cowtown Coliseum for projects which are mutually agreed upon in writing by RPI and the City of Fort Worth. Article 4. Other License Terms. All of the terms and provisions of the Agreement between the City and RPI shall remain SIXTH AMENDMENT AND THIRD RENEWAL OF CITY SECRETARY CONTRACT NO. 27542 LICENSE AGREEMENT Page 4 of 7 in full force and effect except as specifically amended herein. [SIGNATURES ON FOLLOWING PAGE] SIXTH AMENDMENT AND THIRD RENEWAL OF CITY SECRETARY CONTRACT NO. 27542 LICENSE AGREEMENT Page 5 of 7 EXECUTED to be effective as of the CITY OF FORT WORTH: �� �� Jesus J. Chapa Assistant City Manager _�� '.. . . ' -���� �i•���� s�J'�'/�%V��� - �i !, - i � :- i ;.; i '� s : APPROVED AS TO FORM AND LEGALITY: ,, „ 1 �- � `� �I � ,� � � � , l�ean D. Guzman Senior Assistant City Attorney, Se ' ATTEST: Mar City 3 ,�--�i �- Date M&C No. L-15972 Form 1295: 2016-135393 day of , 201_ RODEO � � Donald Jury Chief Financi cer SIXTH AMENDMENT AND THIRD RENEWAL �FFICIAL RECpRD OF CITY SECRETARY CONTRACT NO. 27542 LICENSE AGREEMENT ��Ty $E�RETa�Y Page 6 of 7 �' wQ�H' � t C Ap rt 21'_ I F N• Appro� 7. 03' E3�HlBIT •'A„ Private �usirtess �IEs Fi Ils B D Ila C �nrox. LCa1' Poiice Dept. Former Mounted Police Patrol Area Highlighted area The Herd's Licensed Premises Identified in green area SIXTH AMENDMENT AND THIRD RENEWAL OF CITY SECRETARY CONTRACT NO. 27542 LICENSE AGREEMENT Page 7 of 7 RPI's licensed Premises Identified in orange area ) �vam SIXTH AMENDMENT AND THIRD RENEWAL OF CITY SECRETARY CONTRACT NO. 27542 LICENSE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND RODEO PLAZA, INCORPORATED Additional Signature Page: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including uirements. OFFICIAL RECORD CITY SECRETARY ET.1h10RTH, TX SIXTH AMENDMENT AND THIRD RENEWAL OF CITY SECRETARY CONTRACT NO. 27542 LICENSE AGREEMENT Page 1 of 1— CONTRACT COMPLIANCE MANAGER SIGNATURE PAGE M�C Review Page 1 of 2 DATE: •� • � �� COUNCIL ACTION: Approved on 12/6/2016 12/6/2016 REFERENCE NO.. L TYPE: Official site of the City of Fort Worth, Texas ��RT �'�QRTt� **L-15972 LOG NAME: 21COWTOWNCOLISEUM PUBLIC CONSENT HEARING: NO SUBJECT: Authorize Amendment to the License Agreement for the Management and Operation of the Cowtown Coliseum Between the City of Fort Worth and Rodeo Plaza, Incorporated, to Extend the Term for Ten Years and Authorize Tenant Capital Improvements in a Minimum Amount of $150,000.00 (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Authorize an amendment to the License Agreement for the management and operation of Cowtown Coliseum between the City of Fort Worth and Rodeo Plaza, Incorporated, to extend the term for ten years commencing on October 1, 2017 and ending on September 30, 2027; and 2. Authorize Rodeo Plaza, Incorporated, to fund, construct and complete a minimum of $150,000.00 in tenant capital improvements at the Cowtown Coliseum, as approved by the City, within two years from the execution of the amendment to the License Agreement. DISCUSSION: On February 12, 2002, the City entered into a License Agreement for the management and operation of the Cowtown Coliseum (Agreement) with Rodeo Plaza, Incorporated (RPI) relative to maintenance, management and operation of the historic Cowtown Coliseum in the Fort Worth Stockyards Area. (City Secretary Contract (CSC) No. 27542). The Agreement was renewed on November 15, 2007 to extend the term of the Agreement through September 30, 2017 and provide for two additional renewal terms of five years each with Agreement between the City and RPI (CSC No. 36118). The Agreement was amended most recently on August 11, 2015 to allow RPI the temporary use of the vacated mounted police patrol site located at 2500 N. Houston Street for storage (CSC No. 27542- A5). This Amendment to the Agreement with RPI will extend the term 10 years commencing on October 1, 2017 and ending on September 30, 2027 and provide for RPI to fund, construct and complete a minimum of $150,000.00 in tenant capital improvements, as approved by the City, within two years from the execution of the Agreement. The leased premises will also be changed to reduce the premises by removing the former Mounted Patrol area located at 2500 N. Houston Street from the Agreement, pursuant to M&C L-15967, approved on November 15, 2016, which approved the license of the former Mounted Patrol area to the Fort Worth Convention and Visitor's Bureau (CVB) for uses related to the Fort Worth Herd. RPI will sub-license a smaller area from the CVB at the same location. This property is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that no significant impact to the City's Fiscal Year 2017 Budget will occur upon approval. http://apps.cfwnet.org/council�acket/mc review.asp?ID=24041&councildate=l2/6/2016 1/5/2017 M�cC Review Fund Page 2 of 2 Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) � unt oject ID Submitted for Citv Manaqer's Office by_ Originating Department Head: Additional Information Contact: ATTACHMENTS Cowtown Coliseum Form 1295.pdf MC 21 COWTOWN COLISEUM.pdf ram Activity Budget Reference # Amount Year (Chartfield 2) Jay Chapa (5804) Steve Cooke (5134) Mark Brown (5197) Jean Petr (8367) http://apps.cfwnet.org/council�acket/mc review.asp?ID=24041&councildate=l2/6/2016 1/5/2017