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CONTRACT NO.
SECOND RENEWAL AGREEMENT
CITY SECRETARY CONTRACT NO. 27542
LICENSE AGREEMENT
FOR THE MAINTENANCE AND OPERATION OF
COWTOWN COLISEUM
STATE OF TEXAS
COUNTY OF TARRANT
THIS RENEWAL AGREEMENT is made and entered by and between the CITY OF FORT
WORTH, a home rule municipal corporation of the State of Texas located.within Tarrant, Denton,
and Wise Counties, 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-out" 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
HEREAS, on February 6, 2007, the City Council, via M&C C-21956, authorized the City
Manag r 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; �SC Nos. 27542 and 35048 are hereinafter collectively referred to as the "Agreement."
WHEREAS, the parties mutually desire to amend the primary term and the amount to be paid
under the Agreement.
NOW,THEREFORE, City and RPI hereby mutually agree to amend the Agreement asQws:
C U, 2
SECTION 1.
Article 2, TERM of the Agreement shall be deleted in its entirety and replaced with the
following:
A. The new primary term of this Agreement shall be for ten (10) years commencing
on October 1, 2007 and ending on September 30, 2017. The period from October 1 of one
year to September 30 of the succeeding year is sometimes referred to herein as a
"contract year."
B. In addition to the primary term, this agreement may be extended by mutual
agreement between the City and PRI for two (2) consecutive additional terms of five (5)
years each, each a "Renewal Term," on the same terms and conditions as the Agreement
except as may be modified by mutual agreement of the parties, by the giving of written
notice to RPI not later than ninety (90) days before the end of the renewal term. If the
parties fail to extend the term for the first additional term, then this Agreement shall
automatically terminate.
SECTION 2.
Article 3, OWNERSHIP OF LICENSED PREMISES; EQUIPMENT
Article 3 D, of the Agreement shall be amended to read as follows:
D. City will contribute to the funding of the operations at the licensed premises to the
following limited extent: City will pay an amount not to exceed One Hundred Eighty-five
Thousand Dollars ($185,000) during each contract year in monthly installments of
$15,416.66 to either RPI or to utility companies, at City's option, to defray utility
expenses (as identified in Article 7)based on actual cost. In the event that utility expenses
for any one calendar month are less than $15,416.66, the City shall reserve such amount
to pay for utility charges in succeeding months. Any annual remaining amount less than
$185,000 shall be paid to RPI in September of each year of the contract; provided,
however, that in no event shall City's obligation under this section exceed the annual
2
amount of $185,000 for each contract year, and RPI shall be responsible for all utility
expenses exceeding that amount.
SECTION 3
All of the terms and provisions of the Agreement between the City and RPI shall remain
in full force and effect except as specifically amended herein.
EXECUTED on this, day of -nWb'(-j'4 , 2007.
RODEO P I C. CITY OF R RTH
By: — G By' -
Dpnald Jury J P ag
Chief Financi Of icer Ass t C t Manager
a
Date: 3 a Date:
WITNESS: ATTEST:
By: YIAM �'�� By: ldJ �It Z4�
y Hendrix
V City Secretary
APPROVAL OM, ENDED:
By: '� APPROVED AS TO FORM
KiK Slaughter AND LEGALITY:
Director of Public Events
Date: By:
Maleshia B. Farmer
Assistant City Attorney
Contract Authorization:
M&C: C-22455; Approved: 10/16/07
3 ��u�o U:' lo
STATE OF TEXAS
COUNTY OF TARRANNT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared Joe Paniagua, Assistant City Manager, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City for Fort
Worth and that he executed the same as the act of the said City of Fort Worth for the purposes and
conside tion therein expressed and in the capacity herein stated.
G� , IVE „UNDER MY HAND AND SEAL OF OFFICE, this day of
2007.
MARIA S.SANCHEZ A Al"
NOTARY PUBLIC N ary Public in and for the State of T xas
STATE OFTEXAI��S
N�'rF OF Z�y My Comm.Exp.12'14'LUU9
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared Donald Jury for Rodeo Plaza, Inc., known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of Rodeo Plaza,
Inc., and that s/he executed the same as the act of the said Rodeo Plaza, Inc., for the purposes and
consideration therein expressed and in the capacity herein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _day ofA—tM&,"', ,
2007.
64W
Notary Public in and for the Stat of Texas
�ot�pYP�i4y DANN WAGNER
Notary Public,Stele of Texas
My Commission Expires
December 08,2008
4
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/16/2007
DATE: Tuesday, October 16, 2007
LOG NAME: 2525COLISI=UM07 REFERENCE NO.: C-22455
SUBJECT:
Authorize Extension of Contract with Rodeo Plaza, Inc., to Manage the Cowtown Coliseum the
Adjoining "Run-Out" Area, the Adjacent Arena and Bleachers and the Central Power Plant Located
at 122-133 East Exchange Avenue
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to extend the contract between Rodeo
Plaza, Inc., and the City of Fort Worth, to use, manage and operate the Cowtown Coliseum, the adjoining
"run-out" area, the adjacent arena and bleachers and the central power plant located at 122-133 East
Exchange Avenue.
DISCUSSION:
On February 12, 2002, (M&C C-18960, Contract No. 27542) the City Council authorized a Lease
Agreement with the Rodeo Plaza, Inc., (RPI), for the use, management and operation of the Cowtown
Coliseum for a term of five years commencing on October 1, 2001, and ending on September 30, 2006,
with extension options for up to five consecutive additional terms of one year each on the same terms and
conditions.
On February 2, 2007, (M&C C-21956, Contract No. 35048) the City Council authorized a one year renewal
to expire on September 30, 2007.
The City provided funding in the amount of $135,000 for the operation of the licensed premises during each
contract year to defray utility expenses through the FY06-07 budget year. The City Council authorized an
increase of $50,000 for a total subsidy of $185,000 due to the increased cost of utilities in the FY07-08
adopted budget.
RPI has requested a 10 year extension of the term of the agreement. The existing agreement contains four
additional one-year renewals, thus, the 10 year extension would increase the term by six years and add two
five-year renewal options upon the mutual consent of the parties. RPI has served as a responsible
custodian of the historic facility and has efficiently operated and maintained the facility during the term of the
agreement. The extension would allow RPI to focus on developing long-term strategic plans for the facility
while continuing to provide a variety of quality entertainment for the visitors to the Stockyards.
FISCAL INFORMATIONXERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the General Fund.
Logname: 2525COLISEUM07 Page 1 of 2
TO Fund/AccounVCenters FROM Fund/Account/Centers
GG01 539120 0251000 $185,000.00
Submitted for City Manager's Office by: Joe Paniagua (6575)
Originating Department Head: Kirk Slaughter (2501)
Additional Information Contact: Betty Tanner (2502)
Logname: 2525COLISEUM07 Page 2 of 2