Loading...
HomeMy WebLinkAboutContract 54798 A ItEp CITY SECRETAR)' R� Q CONTRACT NO. E LOCATION USE AGREEMENT FOR THE WILL ROGERS MEMORIAL CENTER GAS BETWEEN THE CITY OF FORT WORTH AND FIRE&ICE PRODUCTIONS,INC. This Location Use Agreement("Agreement")is made and entered into by and between City of Fort Worth,a home-rule municipal corporation of the State of Texas("City"),acting by and through its duly authorized Assistant City Manager, and Fire and Ice Productions, Inc., ("Producer"), a California corporation,acting by and through its duly authorized representative.City and Producer are collectively referred to herein as the"Parties." WHEREAS, the National Reined Cow Horse Association operates the Snaffle Bit Futurity, a competitive equestrian event, ("Event")to be held within the Will Rogers Memorial Center located at 3401 W Lancaster Avenue,Fort Worth,Texas; WHEREAS, Producer is seeking permission from the City to enter upon the Will Rogers Memorial Center for the purpose of making still and motion pictures, commercials, trailers, and soundtrack recordings in connection with the production currently titled "Yellowstone"("Production') as provided for herein;and WHEREAS, the City has determined that the filming and production of the Event will bring favorable publicity to the City and desires to make its facilities available to the Producer in accordance with the terms of this Agreement. NOW, THEREFORE, City and Producer for and in consideration of the covenants and agreements hereinafter set forth,the sufficiency of which is hereby acknowledged,agree as follows: 1. Premises 1.01 For the Term specified in Section 2 below,and any extensions thereof,City hereby grants to Producer, its affiliates, successors, assigns, licensees, employees, representatives, independent contractors,and suppliers(all of whom shall be included in the term"Producer")the non-exclusive right to enter upon, in, and around the Fort Worth Will Rogers Memorial Center, which is situated at 3401 W Lancaster Ave,Fort Worth,Texas 76107("Premises"),and to bring equipment thereon to use the Premises for the purpose of making still and motion pictures, commercials, trailers, and soundtrack recordings (individually and collectively, "Recordings") in connection with the production tentatively titled "Yellowstone"("Production"). The rights hereunder include Producer's right to refer to the Premises by its real or fictitious name. 1.02 The use of the Premises granted to Producer by City includes both the exterior areas and fixtures of the Premises. Access to the interior of the Premises shall only be allowed during the City's normal operating hours and shall not include any areas deemed restricted by the City in its sole discretion of which Producer shall be notified of. Location Use Agreement with Fin and Ice Productions,Inc. 1 9 OFFICIAL RECORD CITY SECRETARY 1 FT. WORTH,TX 2. Term and Termination 101 Term. This Agreement shall be effective for one day,beginning on October 21,2020 and ending at 11:59 p.m. on October 21,2020 C Term"),unless terminated earlier pursuant to the terms of this Agreement. 2.02 lion. At any time within 6 months from the date upon which the Term ended and with the City's prior written consent,Producer may re-enter the Premises for such period as may be reasonably necessary to photograph retakes or added scenes,subject to Producer's provision of additional consideration as mutually agreed to by the Parties. In addition,if Producer desires to make subsequent use of the Premises in connection with the Production,City hereby grants Producer an option for such use,subject to the mutual written agreement of the Parties concerning the dates of use and any additional consideration to be provided by Producer as mutually agreed to by the Parties. 2.03 Termination. It is expressly provided that City and Producer shall have the right to terminate this Agreement with or without cause upon thirty (30) days' written notice. In the event that Producer fails to comply with any of the terms and conditions of this Agreement,City shall have the right, without notice,to declare the Agreement immediately terminated. Notwithstanding anything to the contrary herein, Producer's rights in and to the Recordings (as set forth in Paragraph 5 below) shall survive any termination of this Agreement. 3. Consideration 3,01 The City finds that the Production will bring favorable attention and publicity to the City and further finds that this advantage constitutes adequate consideration for use of the Premises. 4, Condition,Protection,and Restoration of Premises 4.01 Producer hereby acknowledges that(a)it accepts the Premises in its present condition,and (b) City has made no representations to it regarding the safeness thereof or suitability for any particular purposes. 4.02 Producer covenants and agrees that it shall take the Premises as it finds them and Producer shall restore and yield said Premises,equipment, and all other properties belonging to the City back to the City at the expiration of this Agreement in the same condition as existed at the commencement of this Agreement and in which Producer found them,reasonable wear and tear excepted.Producer will pay the costs of repairing(to its condition immediately preceding the occurrence of such damage,reasonable wear and tear excepted)any damage that may be done to the Premises or the natural environment by any act of Producer or anyone visiting the Premises upon the invitation of Producer, excluding any such damage arising out of the negligence or misconduct of the City,its employees,agents,or contractors.The City shall, Location Use Agreement with Fire and ice Productions,Inc. 2 of 12 in its reasonable discretion,determine whether any damage has been done,the amount of the damage, the reasonable costs of repairing the damage, and whether, under the terms of the Agreement, Producer is responsible. City shall reasonably judge the quality of the maintenance and/or damage of the Premises, fixtures,structures,or the natural environment by the Producer.Producer shall remove from the Premises all equipment and temporary sets and other materials placed thereon by Producer.If there is a dispute as to whether Producer has repaired any damages to the Premises caused by Producer,City must first deliver to Producer a reasonably detailed list of those items that have not been repaired and provide Producer with a reasonable opportunity to inspect the Premises,but in no case less than seven(7)days after delivery of the list,to determine the need for further repairs,if any. 5. Rights to Recordings and Production 5.01 Producer shall be and remain the sole owner of all Recordings. Producer shall own all rights of every kind in and to the Recordings on or about the Premises,and may reproduce,exhibit,and otherwise exploit such Recordings or other depictions made on or about the Premises in and in connection with the Production,including without limitation,in connection with the advertising and promotion thereof and any ancillary material in connection therewith,in any manner or media whatsoever(whether known or hereafter devised), in whole or in part, throughout the world in perpetuity; provided, however, that Producer represents and agrees that neither the Recordings nor the Production will in any way disparage the products of the City of Fort Worth or depict the City of Fort Worth or its facilities and Premises in any manner or use that is,or that may claim to be,defamatory,to the heritage and history of Fort Worth. Producer shall not be obligated to produce the Production,to make any actual use of Recordings made on or of the Premises or to use any name connected with the Premises in connection with the Production. 6. RELEASE AND INDEMNIFICATION 6.01 Third-Party Release. Producer acknowledges that City lacks legal authority to grant permission for the use of the names or likenesses of individuals who might appear in the Recordings or Production. Producer shall be solely and exclusively responsible and liable with respect to obtaining any filming and photography releases required with respect to persons and third-party property located on the Premises.At a minimum,Producer shall provide and post signage in the immediate vicinity of its fihning locations at the Premises notifying members of the public that photographing and/or videotaping is being conducted. Producer agrees to RELEASE, INDEMNIFY, AND HOLD HARMLESS THE CITY FROM AND AGAINST ANY THIRD-PARTY CLAIM RELATING TO THE UNAUTHORIZED USE, FILMING, TAPING, RECORDING, OR PHOTOGRAPHING OF ANY INDIVIDUAL OR THIRD-PARTY PROPERTY. 6.02 GENERAL. INDEMNIFICATION: PRODUCER AGREES TO DEFEND, Location Use Agreement with Fire and Ice Productions,Inc. 3 of 12 INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY AND AL,L CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO,DEATH,(COLLECTIVELY,THE"CLAIMS")THAT ARISE OUT OF (i) PRODUCER'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF PRODUCER, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY), OR SUBCONTRACTORS, RELATED TO PRODUCTION,RECORDINGS, OR THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO ANY CLAIMS OR LIABILITY RESULTING FROM THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE CITY OR ITS OFFICERS,AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS.IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH PRODUCER AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF TEXAS. 7. Insurance 7.01 Prior to the time Producer is entitled to any right of access to or use of the Facilities, Producer shall procure, pay for and maintain the following insurance written by companies approved by the State of Texas and acceptable to City.The insurance shall be evidenced by delivery to City of executed certificates of insurance. 7.02 Producer covenants and agrees to obtain and keep in force during the term of this Agreement, Commercial General Liability Insurance, including Personal Injury Liability, Independent Contractors Liability and Contractual Liability covering,but not limited to,the liability assumed underthe indemnification provisions of this Agreement,with limits of liability for bodily injury(including death)and property damage of not less than One Million Dollars($1,000,000),with an aggregate of not less than Two Million Dollars($2,000,000).All insurance policies shall include the following: 1) The term of insurance is for the duration of each Event, which includes the period from the right of access to set-up through the period allowed for removal of property; Location Uac Agreement with Fire and Ice Productions,Inc. 4 of 12 2) The Producer is responsible for providing the City a thirty-day (30) notice of cancellation or non-renewal of any insurance policy and may not change the terms and conditions of any policy that would limit the scope or coverage, or otherwise alter or disallow coverage as required herein; 3) All policies shall include a Waiver of Subrogation(Right of Recovery)in favor of the Cityof Fort Worth; 4) a) Any deductible in excess of$5,000.00,for any policy that does not provide coverage on a first-dollar basis,must be approved by City of Fort Worth Risk Management. b) Any self-insured retention(SIR) in excess of$25,000.00, affecting required insurance coverage, shall be acceptable to and approved by City of Fort Worth Risk.Management in regards to asset value and stockholders' equity. In lice of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups,must also be approved by Risk.Management. c) Company issuing the insurance policy shall have no recourse against the City of Fort Worth for payment of any premiums or assessments Ior any deductibles which all are at the sole risk of Producer; 5) The terms"Owner","City"or City of Fort Worth shall include all authorities,Boards, Bureaus,Commissions,Divisions,Departments,and Offices of the City and the individual members,employees and agents thereof in their official capacities and/or while acting on behalf of the City of Fort Worth.;and 6) The policy clause"Other Insurance"shall not apply to any insurance coverage currently held by City,to any future coverage, or to City's self-insured retention of whatever nature. 7) The City,its officials,employees,agents and officers shall be endorsed as an"Additional Insured"to all policies except Employers Liability coverage. S) Coverage shall be written on a per occurrence basis and the policy shall include Broad Form Property Damage Coverage with an insurance company satisfactory to City. If insurance policies are not written for specified coverage limits,an Umbrella or Excess Liability insurance for any differences is required. When required, Excess Liability shall follow form of the primary coverage. 9) Automobile Liability Insurance shall provide coverage on any automobile, including and defined as automobiles owned, hired and non owned with a One Million Dollar($1,000,000) combined single limit per accident or$250,000 Property Damage and$500,000 Bodily Injury per person,per occurrence. 10) All policies shall be written by an insurer with an A-:VIII or better rating by the most current Location Use Agreement with Fire and Ice Productions,Inc. 5 of 12 version of the A. M, Best Key Rating Guide or with such other financially sound insurance carriers acceptable to the City. 11) Deductibles shall be listed on the Certificate of Insurance and shall be on a"per occurrence" basis unless otherwise stipulated herein. 12) If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is Ionger. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 13) Certificates of Insurance shall be delivered to the Will Rogers Memorial Center,3401 W Lancaster,Fort Worth,Texas 76107,evidencing all the required coverages,including endorsements. 7.03 Producer hereby waives subrogation rights for loss or damage against City, its officers, agents and employees for personal injury(including death),property damage or any other loss. 7.04 Producer shall not do or permit to be done anything in or upon any portion of the Premises, or bring or keep anything therein or thereupon which will in any way conflict with the conditions of any insurance policy upon the Premises or any part thereof, or in any way increase the rate of fire insurance upon the Premises or on property kept therein,or in any way obstruct or interfere with the right of the other tenants of the Facilities,or inj ure or annoy them. 7.05 The City may terminate this Agreement immediately upon the failure of the Producer to provide acceptable documentation of insurance as required by this Agreement. 8. Force Majeure 8.01 Producer. If, because of illness of actors, director, or other essential artists and crew; weather conditions; defective film or equipment; or any other occurrence beyond Producer's control, Producer is unable to start work on the date designated above and/or work-in-progress is interrupted during the use of the Premises by Producer,Producer shall have the right,at Producer's election,to (a)suspend and/or extend the Term so that Producer may use the Premises at a later date to be mutually agreed upon by the Parties,or(b)terminate the Agreement. 8.02 Cam. If, by reason of Force .Majeure as hereinafter defined, the City shall be rendered wholly or partially unable to carry out its obligations raider this Agreement,then the City shall give written notice of the particulars of such Force Majeure to Producer within a reasonable time after the occurrence Location Use Ageement with Fire and lee Productions,Inc. 6 of 12 thereof.Upon such notice,Producer shall have the right,at Producer's election,to(a)suspend and/or extend the Term so that Producer may use the Premises at a later date to be mutually agreed upon by the Parties, or(b)terminate the Agreement. The obligations of the City,to the extent affected by such Force Majeure, shall be suspended during the continuance of the inability claimed and for no longer period (unless the Agreement is otherwise terminated by Producer),and the City shall in good faith exercise its best efforts to remove and overcome such inability. Producer hereby waives any claim against City for damages by reason of any delay due to Force Majeure. 8.03 The term"Force Majeure"as utilized herein shall mean and refer 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 emergency by the federal,state,county,or City government in accordance with applicable law;any arrests and restraints;civil disturbances;or explosions;or some other reason beyond the party's reasonable control. 9. Intellectual Property 9.01 Producer may not use any designated marks or copyrights of the City of Fort Worth orthe Fort Worth Will Rogers Memorial Center or authorize such use on any intemet website or on any other on- line site,except as specifically approved by the City of Fort Worth or except as may be captured within the recordings. Producer,its designees,or assignees,shall not have the right or license to manufacture or cause the production of merchandise items bearing the City's designated marks or copyright. The City may not use,in any manner,any marks or copyrights of Producer and/or ViacomCBS. 9.02 Producer agrees to assume full responsibility for complying with all State and Federal Intellectual Property Laws and any other regulations,including,but not limited to,the assumption of any and all responsibilities for paying royalties that are due for the use of other third-party intellectual property works by Producer. City expressly assumes no obligations, implied or otherwise, regarding payment or collection of any such fees or financial obligations. City specifically does not authorize,permit,or condone the reproduction or use of any intellectual property by Producer without the appropriate licenses or permission being secured by Consultant in advance. IT IS FURTHER AGREED THAT PRODUCER SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, OR EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING, BUT NOT LIMITED TO, REASONABLE OUTSIDE ATTORNEY'S FEES,TO WHICH THE CITY MAY BE SUBJECTED ARISING OUT OF OR RELATED TO PRODUCER'S USE OF ANY THIRD-PARTY INTELLECUTAL PROPERTY BY REASON OF AN ALLEGED OR ACTUAL INTELLECTUAL PROPERTY VIOLATION,EXCEPT THATTHE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL Location Use Agreement with Fire and Ice Productions,Inc. 7 of 12 NOT APPLY TO ANY LIABILITY RESULTING FROM THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE. CITY. City expressly assumes no obligation to review or obtain appropriate licensing and all such licensing shall be the exclusive obligation of Producer. 10. Compliance with Laws,Ordinances,Rules,and Regulations 10.01 Producer covenants and agrees that it shall not engage in any unlawful use of the Premises. Producer further agrees that it shall not permit its officers, agents, servants, employees, contractors, subcontractors,patrons,licensees,or invitees to engage in any unlawful use of the Premises,and Producer immediately shall remove from the Premises any person engaging in such unlawful activities. Any continued,uncured,unlawful use of the Premises by Producer,following written notice thereofto Producer, shall constitute a breach of this Agreement. Producer agrees to comply with all federal,state,and local laws; all ordinances, rules, and regulations of City of Fort Worth; all rules and regulations established by the Public Events Department Director(as communicated to the Producer);and all rules and regulations adopted by the Fort Worth City Council pertaining to the conduct required on the Premises,as such laws,ordinances, rules,and regulations exist or may hereafter be amended or adopted. If City notifies Producer or any of its officers,agents,employees,contractors,subcontractors,licensees,or invitees of any violation of such laws, ordinances,rules,or regulations,Producer shall use best efforts to bring an end to and correct the violation. 11. Security 11.01.Nothing herein shall make the City liable for,or a guarantor of,safety of persons or property on the subject Premises herein.Producer acknowledges that Producer is not relying on the City to provide security services and that the City has made no representations with respect thereto.The Producer shall be solely responsible for all costs and expenses associated with security systems and/or personnel employed by Producer to protect the Producer's property, with any such security arrangements as might affect the Premises being subject to the City's approval. 12. Venue and Choice of Law 12.01 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.This Agreement shall be construed in accordance with the laws of the State of Texas. 13. Notices 13.01 All written notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing, by certified mail,postage Location Use Agreement with Fire and Ice Productions,Inc. 8 of 12 prepaid,or by hand delivery: If to City of Fort Worth If to Producer Public Events Department Fire and Ice Productions,Inc. Attn:Michael Crum Attn:Mark Jarrett 1201 Houston Street 200 Main Street Fort Worth,Texas 76102 Stevensville,MT 59870 With copy to: ViacomCBS City Attorney Business and Legal Affairs 345 Hudson Street,7'Floor New York,New York 10014 City of Fort Worth 200 Texas Street Fort Worth,Texas 76102 14. Right of Entry 14.01 At all times during the term of this Agreement but without interfering with Producer's use of the Premises and at all time taking into consideration Producer's strict COVID protocols,City shall have the right, through its agents and representatives, to enter into and upon the Premises during reasonable business hours for the purpose of examining and inspecting the same for the purpose of determining whether Producer shall have complied with all of its obligations hereunder in respect to the use of the Premises. 14.02 During any inspection,City may perform any obligations that City is authorized or required to perform under the terms of this Agreement or pursuant to its governmental duties under federal state or local laws,rules,or regulations. 15. Independent Contractor 15.01 Producer shall operate hereunder as an independent contractor as to all rights and privileges herein contained and nothing herein shall be construed as creating a partnership or joint enterprise between Producer and City. 16. No Waiver and Headings 16.01 The failure to insist upon a strict performance of any of the covenants or agreements herein set forth or to declare a forfeiture for any violation thereof shall not be considered or taken as a waiver or relinquishment for the future of City's rights to insist upon a strict compliance by Producer with all the covenants and conditions. 16.02 The headings in this Agreement are inserted for reference only,and shall not define or limit the provisions hereof. Location Use Agreement with Fire and Ice Productions,Inc. 9 of 12 17. Review of Counsel 17.01 Each party,and if it so chooses,its attorney has had the opportunity to review and comment on this document,therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section,portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein,regardless of who authored such language. 18. Counterparts,Severability,and Amendment 18.01 This Agreement may be executed by the Parties in several counterparts,each of which shall be deemed to be an original copy. 18.02 In the event any one or more of the provisions contained in this Agreement should for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid,illegal,or unenforceable provision had never been contained herein. 18.03 No amendment,modification,or alteration of the terms hereof shall be binding unless the same is in writing,dated subsequent to the date hereof,and duly executed by the Parties. 19. Signature Authority 19.01 The person signing this Agreement hereby warrants that he/she has the legal authority to execute this agreement on behalf of the 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. 20. Governmental Powers 20.01 It is understood and agreed that by execution of this Agreement,the City does not waive or surrender any of its governmental powers. 21. Entire Agreement This written instrument(together with any attachments, exhibits,and appendices)constitutes the entire understanding between the parties concerning the use of the Premises hereunder, and any prior or contemporaneous,oral or written agreement that purports to vary from the terms hereof shall be void. 22. Confidentiality Location Use Agreement with Fire and fee Productions,Inc. to of 12 Producer understands and acknowledges that City is a public entity under the laws of the State of Texas and, as such, all documents held by City are subject to disclosure under Chapter 552 of the Texas Government Code. Producer shall clearly indicate to City what information it deems proprietary. If City is required to disclose any documents that may reveal any of Producer' Proprietary Information to third parties under the Texas Government Code,or by any other legal process,law,rule, or judicial order by a court of competent jurisdiction,City will notify Producer prior to disclosure of such documents,and give Producer the opportunity to submit reasons for objections to disclosure. City agrees to restrict access to Producer's information to those persons within its organization who have a need to know for purposes of management of this Agreement. City agrees to inform its employees of the obligations under this paragraph and to enforce rules and procedures that will prevent any unauthorized disclosure or transfer of information. City will use its best efforts to secure and protect Producer's information in the same manner and to the same degree it protects its own proprietary information;however,City does not guarantee that any information deemed proprietary by Producer will be protected from public disclosure if release is required by law. The foregoing obligation regarding confidentiality shall remain in effect for a period of three(3)years after the expiration of this Agreement. IN WITNESS WHEREOF,the parties have signed this Agreement in Fort Worth,Tarrant County,Texas on day of NOY?JNibPJ✓ .2020. CITY OF FORT WORTH FIRE AND I PRODU I_ NC., ia. ia Califo aton By: by: _ Jay Chapa Name, MILH Fi E L_.PO L A S[?E-- Assistant City Manager Title: D-Mtu Tl VE PPb PVL APPROVED AS S�TO FORM AND LEGALITY: By: Assistant City Attorney AT EST. m "fin t. �' "`�' ,&C required City Secretaryv Lvcation Use Agreement with Fire and Ice Productions,Inc. t. :, ?c A'.�_ OFFICIAL Rgar'YlRD CITY SECRETARY FT, WORTH,TX Contract Compliance Manager: By signing,I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. ,7 David Reeves Sr.Sales and Events Manager OFFICIAL RECORD CITY SECRETARY FT `lAlORTH,TX Location Use Agreement with Fire and Ice Productions,Inc. 12 of 12