HomeMy WebLinkAboutContract 36659 STATE OF TEXAS § CITY SECRETARY
CONTRACT NO. C
COUNTY OF TARRANT §
AMENDMENT TO
CITY SECRETARY CONTRACT NO. 19725,
AS AMENDED BY CITY SECRETARY CONTRACT NOS.
20829,27471, 27897, 29074,33409 AND 34457
LEASE AGREEMENT WITH
SOUTHWESTERN EXPOSITION AND LIVESTOCK SHOW
This amendment to City Secretary Contract No 19725 (the "Amendment") is
made and entered into by and between the City of Fort Worth, a home-rule municipal
corporation situated in Tarrant and Denton Counties, Texas, acting herein by and through
its duly authorized Assistant City Manager, (hereinafter called the "Lessor"), and the
Southwestern Exposition and Livestock Show, a nonprofit livestock and civic corporation
organized under the laws of the State of Texas, acting herein by and through its Chairman
of the Board of Directors and its President, (hereinafter referred to as "Lessee"), said
officers being authorized and instructed to execute this instrument by resolution passed
by the Board of Directors of said corporation.
WHEREAS, on October 30, 1984, the City of Fort Worth, as Lessor and the
Southwestern Exposition and Fat Stock Show, as Lessee, entered into an agreement
known as City Secretary Contract No. 14071, on file in the Office of the City Secretary of
Fort Worth under the terms of which certain facilities were leased to the Lessee for the
purpose of conducting the Southwestern Exposition and Fat Stock Show;
WHEREAS, after execution of City Secretary Contract No. 14071, the name of
the Lessee changed to the Southwestern Exposition and Livestock Show and the names
of certain of the leased facilities changed;
WHEREAS, on June 26, 1989, the City of Fort Worth, as Lessor, and the
Southwestern Exposition and Fat Stock Show, as Lessee, amended City Secretary
Contract No. 14071 in its entirety to, among other things, change the name of the Lessee
to Southwestern Exposition and Livestock Show, change the name of certain leased
facilities, extend the term of the lease and add certain payment provisions, the same being
City Secretary Contract No. 17195;
WHEREAS, in 1993, the City of Fort Worth, as Lessor, and the Southwestern
Exposition and Livestock Show, as Lessee, agreed to amend City Secretary Contract No.
17195 to accept a contribution by the Lessee to add certain real property adjacent to the
leased facilities and to provide funding for the cost of construction of a livestock
building;
WHEREAS, on June 4, 1993, the City of Fort Worth, as Lessor, and the
Southwestern Exposition and Livestock Show, as Lessee, amended City Secretary
02-20-08 A10 : 01 IN
Contract No. 17195 in its entirety to, among other things, extend the term of the contract
and to add certain payment provisions, the same being City Secretary Contract No.19725;
WHEREAS, on February 7, 1995, the City of Fort Worth, as Lessor, and the
Southwestern Exposition and Livestock Show, as Lessee, entered into that certain
agreement known as City Secretary Contract No. 20829, amending City Secretary
Contract No. 19725, to provide for additional reductions in the base rental due to
unanticipated cost increases in the construction of the livestock building under the terms
and commitments of Contract No. 19725;
WHEREAS, on February 12, 2002 the City of Fort Worth, as Lessor, and the
Southwestern Exposition and Livestock Show, as Lessee, entered into that certain
agreement known as City Secretary Contract No. 27471, amending City Secretary
Contract No. 19725, to release the obligation of the Lessee to share revenue received
from the Harley Street Parking Lot during the annual Stock Show and Rodeo;
WHEREAS, on August 5, 2002, the City of Fort Worth, as Lessor, and the
Southwestern Exposition and Livestock Show, as Lessee, entered into that certain
agreement known as City Secretary Contract No. 27897, amending City Secretary
Contract No. 19725, to delete the original parking spaces which are occupied by the
National Cowgirl Museum and designated for the plaza and the future Cattle Raisers
Museum;
WHEREAS, on September 18, 2003, the City of Fort Worth, as Lessor, and the
Southwestern Exposition and Livestock Show, as Lessee, entered into that certain
agreement known as City Secretary Contract No. 29074, amending City Secretary
Contract No. 19725 by adding a provision for the purpose of reimbursing the Lessee for
the cost of repairing and replacing infrastructure improvements to the Will Rogers
Coliseum Backstage Club;
WHEREAS, on January 5, 2006, the City of Fort Worth, as Lessor, and the
Southwestern Exposition and Livestock Show, as Lessee, entered into that certain
agreement known as City Secretary Contract No. 33049 for the purpose of leasing
approximately twelve acres located at 3409 Harley Avenue for use as parking by the
Lessee during the annual stock show;
WHEREAS, on December 28, 2006, the City of Fort Worth, as Lessor, and the
Southwestern Exposition and Livestock Show, as Lessee, entered into that certain
agreement known as City Secretary Contract No. 34457, amending City Secretary
Contract No. 19725 to delineate a hiring schedule and assistance by City staff during the
Stock Show and Rodeo, add a provision for indemnification and for payment of funds to
the Southwestern Exposition and Livestock Show for marketing and promotion of the
Stock Show and Rodeo;
Southwestern Fxposition and Live Stock Show
City of Fort Worth
Page 2 of 5
WHEREAS, said amendments to City Secretary Contract No. 14071 are on file
in the Office of the City Secretary of Fort Worth as City Secretary Contract Nos. 17195,
19725, 20829, 27471, 27897, 29704, 33409 and 34457;
WHEREAS, the Lessor and Lessee desire to amend said City Secretary Contract
No. 19725 as amended by City Secretary Contract Nos. 20829, 27471, 27897, 29074,
33409, and 34457 for the purpose of reimbursing the Lessee for the cost of improvements
to repair and replace infrastructure for restrooms at the Will Rogers Coliseum Backstage
Club.
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
That the Lessor and Lessee, for and in good and valuable consideration of the mutual
covenants and agreements contained herein, do mutually covenant and agree that said
City Secretary Contract No. 19725 as amended by City Secretary Contract Nos. 20829,
27471, 27897, 29074, 33409, and 34457 on file in the office of the City Secretary of the
City of Fort Worth, is hereby amended as follows:
1.
Section 2, "Rental," is hereby amended to add a new subsection, Subsection (F),
requiring the Lessor to reimburse Lessee fifty percent (50%) of the final cost of the
payment for infrastructure improvements to the restrooms at Will Rogers Memorial
Center Backstage Club.
Subsection (F) of Section 2 "Rental" shall read as follows:
(F) Prior to the 2008 Event, Lessee agrees to complete, or cause to be
completed, approximately $101,925.00 of infrastructure improvements to
the restrooms at Will Rogers Memorial Center Backstage Club.
Improvements shall include, but are not limited to, total renovations to both
men's and women's restrooms, including plumbing and replacement of
toilet, urinal, hand wash sink and light fixtures; installation of mop closet
and sink in men's restroom; installation of hot water heaters and exhaust
fans in both men's and women's restrooms; demolition of saloon facade and
wagon wheels and replacement of vinyl tile in restrooms and main entry
way (hereafter referred to as the "Improvements").
Lessor agrees to reimburse Lessee fifty percent (50%) of the final cost of the
payment for the improvements. Such reimbursement shall not exceed a total
amount of $50,000.00 over a three year period beginning in 2008 and
ending in 2010.
Southwestern Exposition and Live Stock Show
City of Fort Worth
Page 3 of 5
At the completion of the 2008, 2009 and 2010 Events, and upon submittal of
final charges owed to Lessor by Lessee from each Event, Lessor will issue a
credit to Lessee not to exceed $16,666 for each year in order to reimburse
Lessee for the cost of the Improvements.
Lessee agrees that the above referenced credit of a total amount not to
exceed $50,000.00 over a three year period beginning in 2008 and ending in
2010 shall reimburse Lessee in full for the expenses for services incurred by
Lessee in the completion of the Improvements under this subsection.
2.
All other terms and conditions of City Secretary Contract No. 14071, as amended
by City Secretary Contract Nos. 17195, 19725, 20829, 27471, 27897, 29074, 33049,
and 34457 which are not amended herein, shall remain in full force and effect
throughout the term of this Agreement.
(Remainder of Page Intentionally Left Blank)
Southwestern Exposition and Live Stock Show
City of Fort Worth
Page 4 of 5
IN WITNESS VJnEREOF, the parties hereto have executed this Agreement this
_ ,M"AL day of_ , 2008 in Fort Worth, Tarrant County, Texas.
ATTEST: CITY OF FORT WORTH, LESSOR:
(N-�aA-,-kV&/R 6�� By:
MARTY HE RIX TOM HIGGINS
City Secretary Acting Assistant City Manager
APPROVED AS TO FORM SOUTHWESTERN EXPOSITION
AND LEGALITY: AND LIVESTOCK SHOW, LESSEE:
By•
MALESHIA . FARMER Chairman of the Board
Assistant City Attorney
Contract Authorization: i` �
M&C: C-22463 By:
Date Approved: 10/23/07 President
APPROV RECOMMENDED:
KI N. SLA HTER
Director of Public Events
Southwestern Exposition and Live Stock Show
City of Fort Worth
Page 5 of 5
Page 1 of
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/23/2007
DATE: Tuesday, October 23, 2007
LOG NAME: 25STOCKSHOW REFERENCE NO.: **C-22463
SUBJECT:
Authorize Execution of an Amendment to the Contract Between the City of Fort Worth and the
Southwestern Exposition and Livestock Show to Offset Costs of Infrastructure Improvements at the
Will Rogers Memorial Center
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an amendment to the
Southwestern Exposition and Livestock Show Lease Agreement for the purpose of off-setting the costs of
infrastructure improvements at the Will Rogers Memorial Center.
DISCUSSION:
The Coliseum, Pioneer Tower and Auditorium at the Will Rogers Memorial Center (WRMC) were built in
1936. Along with more recently constructed buildings, the WRMC plays host to a multitude of public and
private events that generate a substantial economic impact for the Fort Worth tourism industry and income
to the City of Fort Worth. Many organizations that utilize the Will Rogers Memorial Center facilities are
under multi-year agreements.
The Southwestern Exposition and Livestock Show (SWELS) and Reata Restaurant have begun
construction to make improvements to the Backstage Club which is located on the upper north end of the
Will Rogers Memorial Center. The improvements are designed to improve the overall guest experience for
attendees visiting the Backstage Club during the Stock Show. Major components of the construction
include demolition, plumbing and physical improvements to the restrooms and bar sinks. The City staff has
contributed to the project by painting the public spaces and replacing ceiling and floor tile.
In addition, SWELS has requested that the City assist with the costs of improvements to the
restrooms. The estimated cost for the restroom project is $101,925.00. Reata is spending an estimated
$27,739.00 for improvements to the bar sinks.
It is recommended that the City participate by reimbursing SWELS 50 percent of the final cost of the
restroom project with a maximum amount of $50,000.00, to be in the form of a credit over a three year
period to the final SWELS event invoices in the years of 2008, 2009 and 2010. The City's general fund
revenues would be lowered by an equal amount in each of the years 2008-2010.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the General Fund revenue will be decreased by a maximum amount of
$16,666 for fiscal years 2008 through 2010.
TO Fund/Account/Centers FROM Fund/Account/Centers
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/26/2008
Page 2 of 2
Submitted for City Manager's Office b . Joe Paniagua (6575)
Originating Department Head: Kirk Slaughter (2501)
Additional Information Contact: Chris Harmon (5988)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/26/2008