HomeMy WebLinkAboutContract 36118-A3 CITY SECRETARY 3 tr I l
CONTRACT NO,
THIRD AMENDMENT
TO THE SECOND RENEWAL OF
CITY SECRETARY CONTRACT NO. 27542
LICENSE AGREEMENT FOR THE MAINTENANCE
AND OPERATION OF COWTOWN COLISEUM
STATE OF TEXAS }
}
COUNTY OF TA,RRANT }
On June , 2011 ("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 located within Tarrant, Denton, Parker, 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,
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 No 27542 and 35048 are hereinafter collectively referred to as
the "Agreement;" and, OFFICIAL RECORD
CITY SECRETARY
WHEREAS, on. October 1 , 2n7W6Vt. y.f u cil, via M&C C-22455, authorized the
THIRD AMENDMENT TO THE SECOND RENEWAL OF CITY SECRETARY CONTRACT NO.27542
LICENSE AGREEMENT
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City Manager to execute the second extension to CSC No. 27542 with RPI to amend the term
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 36118-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-A1 (the original Rodeo
Plaza/Cowtown Coliseum Agreement);
(2) the City to continue to provide waste removal services, landscape maintenance, and
THIRD AMENDMENT TO THE SECOND RENEWAL OF CITY SECRETARY CONTRACT NO.27542
LICENSE AGREEMENT
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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 City and RPI mutually desire to amend 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 Pilot program
(CSC 36118-A2).
NOW, THEREFORE, City and RPI hereby mutually agree to amend the Agreement as
follows:
SECTION I
LICENSED PROPERTY TERM
In consideration of the mutual covenants and agreements set forth herein, the portion of
the License describing the property to be leased is hereby amended to be and read as follows:
Article 2. Term of the Agreement under CSC 36118-A2 (Rodeo Plaza Property Pilot
program) and Section 1, Article 2 of the CSC Nos. 27542, 35048 and 36118 ((the original Rodeo
Plaza/Cowtown Coliseum 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'. The parties acknowledge that the beginning term for
the Rodeo Plaza Pilot program is the Effective date (date of execution) for this
Agreement.
B. In addition to the primary term, this Agreement may be extended by mutual
agreement between the City for two (2) consecutive additional terms of five (5)
THIRD AMENDMENT TO THE SECOND RENEWAL OF CITY SECRETARY CONTRACT NO.27542
LICENSE AGREEMENT
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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 no 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 II
CONTINUED TERMS AND PROVISIONS
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.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
THIRD AMENDMENT TO THE SECOND RENEWAL OF CITY SECRETARY CONTRACT NO.27542
LICENSE AGREEMENT
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EXECUTED on this day of J U-r\,e,— , 2011.
CITY OF FORT WORTH: RODEO PLAZA, INC.
%san lanis D nald Jury
As ant City Manager Chief Financial Officer
RECOMM DED:
Kirk Slaughter, Director
Public Events Department
APPRQVEO AS TO FOR ND EGALITY:
Cheri' . Byles
Assistant City Attorney
foRr
ATTEST: AV
o°oo°oopooQ
Marty Hendrix
City Secretary ��a°°°00000o00
41
Date
M&C 140.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH TX
THIRD AMENDMENT TO THE SECOND RENEWAL OF CITY SECRETARY CONTRACT NO.27542
LICENSE AGREEMENT
Page 5 of 5
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/7/2011
DATE: Tuesday, June 07, 2011 REFERENCE NO.: **C-24930
LOG NAME: 25COWTOWN COLISEUM 2011
SUBJECT:
Authorize Execution of an Amendment to the Agreement with Rodeo Plaza, Inc., to Manage, Maintain and
Program the Area Known as Rodeo Plaza Through September 30, 2017 (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an amendment to the
Agreement with Rodeo Plaza, Inc., to manage, maintain and program the area known as Rodeo Plaza
through September 30, 2017
DISCUSSION:
On February 12, 2002, (M&C C-18960, Contract No. 27542) the City Council authorized a Lease
Agreement with 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. The City provided funding in the amount of$135,000.00 for the operation of the licensed
premises during each contract year to defray utility expenses.
On October 16, 2007, (M&C C-22455) the City Council extended the term of the agreement to end
September 30, 2017 and increased funding to $185,000.00 for the operation during each contract year to
defray utility expenses. On September 15, 2009, (M&C C-23856) the City Council amended the
agreement to reduce the leased premises so a section of land between Billy Bob's Texas and the
Cowtown Coliseum could be sold to Stockyards 2000, L.P.
On December 24, 2010, (M&C C-24646) the City Council authorized an amendment to the Lease
Agreement with the Rodeo Plaza, Inc., to include the area known as Rodeo Plaza for a term of six months
to serve as a pilot program at no cost to the City.
RPI has worked with representatives from Billy Bob's Texas and Mike Costanza Real Estate, the adjoining
properties, to develop procedures to promote the Rodeo Plaza as an events venue. RPI staff recently
confirmed that Willie Nelson's 4th of July Picnic will hold a portion of the event in the Plaza and a portion
inside Billy Bob's.
The pilot program term will expire on June 19, 2011. RPI has requested that the term be extended for the
full term of the agreement under the same terms and conditions as the pilot program. Principals from Billy
Bob's and Mike Costanza Real Estate have indicated their support for this amendment.
The Cowtown Coliseum is located in COUNCIL DISTRICT 2, but serves Fort Worth residents in ALL
COUNCIL DISTRICTS.
FISCAL INFORMATION / CERTIFICATION:
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The Financial Management: Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Kirk Slaughter (2501)
Additional Information Contact: Betty Tanner (2502)
ATTACHMENTS
No attachments found.
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