HomeMy WebLinkAboutContract 59626CSC No. 59626
ADDENDUM TO THE RIDGLEA THEATER RENTAL AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND RIDGLEA COMPLEX
MANAGEMENT
This Addendum to the Ridglea Theater Rental Agreement ("Addendum") is entered into
by and between Ridglea Complex Management dba The Ridglea Theater ("Lessor") and the City
of Fort Worth ("City" or "Lessee"), collectively the "Parties." The terms and provisions of the
Addendum shall control to the extent there is a conflict between the terms and conditions of this
Addendum and the terms and conditions of the Ridglea Theater Rental Agreement.
The Contract documents shall include the following:
l . The Ridglea Theater Rental Agreement; and
2. This Addendum.
Notwithstanding any language to the contrary in the attached Ridglea Theater Rental
Agreement (hereinafter the "Agreement"), the Parties hereby stipulate by evidence of execution
of this Addendum below by a representative of each party duly authorized to bind the parties
hereto, that the parties hereby agree that the provisions in this Addendum below shall be applicable
to the Agreement as follows:
1. Insurance. The City is a governmental entity under the laws of the state of Texas
and pursuant to Chapter 2259 of the Texas Government Code, entitled "Self -Insurance by
Governmental Units," is self -insured and therefore is not required to purchase insurance. To the
extent the Agreement requires City to purchase insurance, City objects to any such provision, the
parties agree that any such requirement shall be null and void and is hereby deleted from the
Agreement and shall have no force or effect. City will provide a letter of self -insured status as
requested by Lessor.
2. Sovereign Immunity. Nothing herein constitutes a waiver of City's sovereign
immunity. To the extent the Agreement requires City to waive its rights or immunities as a
government entity; such provisions are hereby deleted and shall have no force or effect.
3. Limitation of Liability and Indemnity. To the extent the Agreement, in any way,
limits the liability of Lessor or requires City to indemnify or hold Lessor or any third party
harmless from damages of any kind or character, City objects to these terms and any such terms
are hereby deleted from the Agreement and shall have no force or effect.
4. RiRht to Audit. If any money is exchanged as part of this Agreement, then the City
shall have the right to audit the financial and business records of the Lessor that relate to any
monetary exchange under this Addendum (collectively "Records") at any time during the Term of
the Addendum and for three (3) years thereafter.
(signature page folloWS) OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Addendum Pagel of 2
ACCEPTED AND AGREED:
CITY OF FORT WORTH
By:
Name: Fernando Costa
Title: Assistant City Manager
APPROVAL RECOMMENDED:
By:
Victor Turner
NSD Director
ATTEST:
By:
Name: Jannette Goodall
Title: City Secretary
LESSOR:
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Ridglea Complex Management dba The
Ridglea Theater
By: 1 c��'
Name: Felicity arcia
Title: Manager of Events
Date: June 15, 2023
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.
B \�
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Name: Rhonda Hinz
Title: Sr Administrative Services Mgr,
Neighborhood Services
APPROVED AS TO FORM AND LEGALITY:
By: u)
Name: Jessika J. Williams
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: NA
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Addendum Page 2 of 2
Ridglea Theater Rental Agreement
This Agreement is between Ridglea Complex Management, dba The Ridglea Theater, 6025
Camp Bowie Boulevard, Fort Worth, TX 76116 ("Lessor") and Fernando Costa, 200 Texas
Street, Fort Worth, Texas, 76102 ("Lessee") for the rental of the Ridglea Theater Main Theater,
Green Room, located at 6025 Camp Bowie, Fort Worth, Texas (the `Building"), for the date of
June 26, 2023, for the purpose of a Fort Worth City Council ("Event"), subject to the following
terms and conditions:
For the date listed above, Lessee must pay four thousand dollars (4 000) for rental
fee for the use of the premises as stated above to be paid in full at settlement.
2. Lessee must inspect the Building immediately prior to the event and accept the
premises and facilities in their present condition.
Lessor shall not be responsible for injuries to anyone in the building or on the
grounds except to the extent that such injuries result from Lessor's negligence or
willful misconduct. Additionally, Lessor shall not be liable for any property left on
the premises, except to the extent that any damage or loss results from Lessor's
negligence or willful misconduct. It is agreed that the Lessor shall inform Lessee of
any property left at the Building and give Lessee a reasonable time to remove.
4. On the day of the Event, Lessee may have access to the Building as early as building
can be available, and that will not be earlier than 12 p.m. Should Lessee need access
to the building prior to the day of the Event, this can be arranged with advance notice.
The event time will take place at 5:30 P.M. to 7:00 P.M. Lessee will have access to
venue space until 8:30 P.M.
5. Any activity which is prohibited by any city ordinance, state or federal law, shall not
be conducted at the Building, on the parking lots, or in adjacent streets by Lessee or
Lessee's agents, employees or personal guests.
Any breakage or damage to the property caused by the Lessee or Lessee's agents,
employees or personal guests shall be the responsibility of the Lessee and the cost of
repairing such breakage or damage shall be reimbursed to Lessor. This includes any
excessive damage or stains to furniture and flooring, caused by Lessee or Lessee's
agents, employees or personal guests, normal wear and tear excepted.
7. Seating and tables, if applicable, will be provided by the Lessor for the event. Lessee
must let the Lessor know, in writing, 20 days prior to the event what type of seating
configuration will be necessary.
8. Lessee is responsible for hiring any security Lessee feels is needed for the Event.
9. No outside alcohol is permitted to be brought into the event under any circumstances;
10. The cost of paying the Ridglea Theater sound technician and the cost of the lighting
technician are included in the rental fee.
11. Lessee may not attach, with adhesive tape, permanent fasteners, fixtures, decorations,
etc. or other items to the ceiling or walls without the reasonable and industry standard
consent of the Lessor. Freestanding displays and non -adhesive decorations are
permitted.
12. Lessee will be responsible for removing all equipment, decorations, displays, etc. that
Lessee brought in for Event. Per Item 2, Lessor is not responsible for any items that
are left behind except to the extent that any damage or loss of the aforementioned is
caused by Lessor's negligence or willful misconduct. Notwithstanding the foregoing,
it is agreed that Lessor shall give notice to Lessee of any items left behind and a
reasonable opportunity to remove them.
13. Lessee is responsible for general clean up after the event.
14. 50% payment of $2000.00 is due at the time this agreement is signed to confirm this
agreement. This is a nonrefundable deposit. Final payment is due 14 days prior to
the event. Checks can be made payable to "Ridglea Complex Management."
15. Lessee shall furnish to Lessor, prior to show date, certificates of insurance, with
minimal limits of one million ($1,000,000.00) for general liability per occurrence,
two million ($2,000,000.00) for aggregate general liability, one million
($1,000,000.00) for umbrella policy, and one million ($1,000,000.00) for CSL
coverage, listing Amy Lynn Inc., d.b.a. Ridglea Theater as additionally insured.
16. Lessor and Lessee ("Indemnifying Party," as applicable) shall each defend, indemnify
and hold the other and the other's affiliates, shareholders, employees, contractors,
agents and representatives (the "Indemnitees") harmless from any third party claims,
losses, liabilities, damages and expenses (collectively, "Claims") arising out of or
related to (a) the negligence or willful misconduct of Indemnifying Party and/or such
Indemnifying Party's affiliate, representatives, and employees, or (b) a breach of any
of the Indemnifying Party's obligations hereunder; provided, that the Indemnifying
Party shall have no such obligation in connection with Claims to the extent they (x)
arise out of any such Indemnittee's breach of any of its obligations under this
Agreement, or (y) the negligence or willful misconduct of any such Indemnittees.
17. This Agreement expresses and contains the entire agreement and understanding
between the parties hereto with respect to the subject matter hereof and supersedes
and replaces any and all prior agreements and understandings, either oral or written,
with respect to the subject matter hereof. If any covenant, term or provision of this
Agreement is deemed to be contrary to law, that covenant, term or provision will be
deemed separable from the remaining covenants, terms and provisions of this
Agreement and will not effect the validity, interpretation or effect of the remainder of
this Agreement. This Agreement may not be modified, altered or amended, except by
a written instrument signed by both parties. This Agreement may be executed in
counterparts, each of which shall be an original, but all of which together shall
constitute one and the same agreement. The parties agree to take such further acts
and to execute such further documents that may be necessary or convenient to carry
out the intents and purposes of the Agreement.
THE ABOVE FOREGOING TERMS AND CONDITIONS HAVE BEEN ACKNOWLEDGED
AND AGREE TO BY THE PARTIES ON THE (date).
Lessee Lessor
Authorized Signature Authorized Signature
Felicity Garcia
Print Name Print Name
Venue Manager
Title Title
June 15, 2023
Date Date