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HomeMy WebLinkAboutContract 27542 CITY $ECRETARY CONTRACT NO. STATE OF TEXAS § COUNTY OF TARRANT § LICENSE AGREEMENT FOR THE MANAGEMENT AND OPERATION OF COWTOWN COLISEUM THIS LICENSE AGREEMENT is made and entered into by and between the City of Fort Forth, a home-rule municipal corporation situated in Tarrant County, Texas, hereinafter referred to as "City", and Rodeo Plaza, Inc., a Texas corporation, hereinafter referred to as "RPI", both parties acting herein by and through their duly authorized representatives: ARTICLE 1. LICENSE OF PREMISES; PURPOSES A. In consideration of the mutual covenants and agreements herein set forth, and other good and valuable consideration, City does hereby grant unto RPI the light and obligation to use, manage and operate for the purposes set forth herein the premises known as the Cowtown Coliseum, (also known as the Northside Coliseum), the adjoining "run-out" area, the adjacent outside arena and bleachers and the central power plant (hereinafter referred to as the "licensed premises") located at 121-123 East Exchange Avenue, Fort Worth, Texas and being more particularly described in the areas marked by diagonal lines in Exhibit "A", said Exhibit being attached hereto and incorporated herein this reference. B. RPI covenants and agrees that this license agreement is for the purpose of pe rmuting and encouraging the use of the licensed premises for any and all lawful purposes and the presentation of enjertaiDnictit, social, cultural, sporting_, rodeo, livestock and like events in keeping with the western theme of the Fort Worth Stockyards Area and the promotion of ovcral'i economic development activities in said area, for the benefit of the general public and all citizens of th-e City of Fort Worth. In accordance with the provisions of B CF R 314.6(c), RPI further covenants and agrees that the licensed premises shall lie purposes in n accordance with the general and special purposes of those certain Economic Development Administration Grants heretofore made in connection with improvements to the said licensed premises, and said licensed premises shall be used for no other purposes. RPI further covenants and agrees that all services and activities upon the licensed premises shall be provided or conducted without discrimination to any or all persons with regard to their race, color, religion, sex, national origin, age or handicapped status. In addition, RPI covenants that (1) the licensed premises shall serve and be available for an appropriate charge or rental, on a rate scale basis, for general public use, and (2) RPI shall not limit the use of the licensed premises by entering into long-term license agreements to a single user or group of users. For purposes of this agreement, "long term"shall be defined as one calendar year or longer. ARTICLE 2. TERM A. The primary term of this agreement shall be for five (5) years, commencing on October 1, 2001 and ending on September 30, 2006. The period from October I of one year to September 30 of the succeeding zn year I 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 RPI for tip to five (5) consecutive additional terms of one (1) year each, on the same terms and conditions as this 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 primary or extended term- AI 3, ONVIN7ERSHIP OF LICENSED PREMISE - --S Q U—1Pk1T-1N—'T A, Ownership, Title to the licensed premise's and improvements shall be vested and re lain vested in the City of Fort Worth, 2 B. Equipment and Other Property. City will permit RPI, during the term of this agreement, to use only such City-owned equipment and other personal property as listed on the detailed inventory attached hereto as Exhibit "B", which Exhibit is incorporated herein by reference. RPI shall maintain said equipment in good repair at its expense and, at the termination of this agreement, shall return all such equipment to City in as good or better condition as existed at the commencement of this agreement, fair wear and tear excepted. C. City and RPI conducted an inventory of furniture, fixtures and equipment on the premises on January 14, 2002. As a result, City and RPI agree that certain items listed in Exhibit "B" of City Secretary Contract No. 19386 are now inoperable and/or unusable due to normal wear and tear, age and lack of available replacement parts and were deleted from the current inventory list now attached and incorporated into this Agreement. D. RPI agrees that the entire sound system was replaced by a complete and new sound system as shown in Exhibit "B" on or about May 4, 2000 and as of the date of the execution of this Agreement, said sound system is in a"like new" condition. ARTICLE 4. MANAGEMENT AND OPERATION OF LICENSED PREMISES A. For and in consideration of the rights granted herein, RPI agrees to fully perform all of its obligations set out herein and to actively market, manage and operate the licensed premises so as to promote the maximum utilization and exposure for use of the facilities for the purposes set forth herein by the public. B. RPI shall operate and manage the Coliseum in strict compliance with all provisions of the City's Request for Proposals (attached hereto and incorporated herein as Exhibit "C") and RPI's Proposal and CUrrent letter expressing its desire to continue under the same conditions (attached hereto a,nd incorporated herein as Exhibit "D") in respcjnse thereto, except as specifically modified herein. In the event of conflict of terms, the provisions of this 3 J`/, agreement shall control over the terms of the Request for Proposal, which shall control over the Proposal. C. RPI shall be entitled to receive all gross revenues from rental of the Coliseum and from concessions. 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 Thirty-five Thousand Dollars ($135,000) during each contract year in monthly installments of$11,250 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 $11,250, the City shall reserve such amount to pay for utility charges in succeeding months. Any annual remaining amount Jess than $135,000 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 amount of $135,000 for each contract year, and RPI shall be responsible for all utility expenses exceeding said amount. L RPI shall submit to the City Manager or his designee quarterly reports on the implementation of RPI's business and marketing plans for the licensed premises, including event (lays, attendance figures and such other reports as may be reasonably requested by the City Manager. F. In the event this agreement is terminated, the City will make a best faith effort to honor any contractual commitments made by RPI for events at the licensed premises. G. RPI shall advise City promptly regarding any changes in the Board of Directors, management of RPT and operating management at the licensed premises fro rn those persons listed in Exhibit "U'. 4 ARTICLE 5. BOOKS AND RECORDS; AUDITS A. RPI shall keep and maintain complete and accurate books and records related to its operations in accordance with generally accepted accounting principles. City shall have the right, at all reasonable times, to examine RPI's financial records and shall have the right to conduct or cause to be conducted an audit of said records. B. RPI at all times throughout the term of this license agreement shall maintain and deliver to City a schedule showing the maximum charges or rentals, on a rate scale basis to be charged by Lessee for use of the Coliseum. ARTICLE 6. MAINTENANCE- IMPROVEMENTS A. It is understood and agreed that, except as specifically provided herein, the licensed premises and all improvements thereon shall be operated and maintained at no expense to City and that, fair wear and tear excepted, RPI shall operate and maintain, at its sole expense, the licensed premises including, but not limited to, buildings, improvements, lighting and sound systems, grounds, and landscaping, in a condition at least equal to the condition of the licensed premises at the commencement of the term of this license agreement. City shall be the sole judge of the quality of maintenance of the licensed premises. City's authorized representatives shalt be permitted to enter upon and IDSPeOt the licensed premises at any time, and City may deliver to RPI written notice of any itenis of maintenance or repair that City reasonably believes necessary for compliance with this agreement. If the RPI falls to begin substantial perforniance t> of the specifted repairs within fifteen (15) (lays after receipt of such written notice, City inay, at its option, cause same to be performed at the expense of RPI or terminate this license agreement ftathwifli, 5 B. City shall, at its expense, maintain the roof and exterior walls of the Coliseum. The City shall also be responsible for any modifications to comply with Americans with Disabilities Act (A.D.A.) requirements existing on October 1, 1992. The cost of any future modifications which may be necessary to comply with local, state, or federal regulations shall be subject to negotiation between the par-ties. C. The maintenance of the central power plant used for the heating and cooling of the Coliseum shall be provided as follows: All preventive maintenance shall be the duty and obligation of RPI and RPI shall enter into a maintenance contract with a qualified contractor for this purpose at RPI's expense or scheduled maintenance shall be performed in a manner approved by the City. RPI shall keep detailed records of such maintenance and supply same upon request to City. In the event that repairs to the plant are required, RPI shall be responsible for the cost of such repairs up to a limit of $3,000 per occurrence and a total amount not to exceed $12,000 per calendar year. City shall be responsible for repairs over and above said limits, provided such repairs were not necessitated by failure of RPI or its contractor to perform proper preventive maintenance, in which event RPI shall be responsible for the entire amount of the cost of repair. D. In no event shall the central power plant be used at any time to provide heating and cooling to the facility known as the Exhibits Building, nor to any other property or facility not owned by the City, without the express prior written approval of the City Manager. L RPI shall make no improvements, alterations or additions (including without limitation any trade fixtures) to the licensed prernlises without the prior written consent of the City Manaoer. All improvements, alterations or additions made by and permanently affixed to the licensed premises shall become the property of City at the termination of this licensed agreement; fumiture and fixtures purchased by KPI and located at the licensed premises shall, remain property of R-P1 unless othenkrise agreed in writing by City and RPI. RPI shall promptly, 6 A remove, at the termination of this license agreement, if City so elects, all improvements, alterations, additions or any other property placed in or upon the licensed premises by RPI, and RPI shall repair any damage caused by such removal. F. RPI must, in connection with any improvements, alterations or additions permitted by the City, provide performance and payment bonds or other security acceptable to the City in order to secure the performance of said work- and the payment of subcontractors. ARTICLE 7. UTILITIES RPI shall pay all utility charges used in or about the licensed premises, including but not limited to water, electricity, heat, air conditioning, gas and power, to the utility company or other entity furnishing same, before the same shall become delinquent, or to the City if the utility bill remains in the City's name, at City's option, except as otherwise provided herein in Article 4.1). ARTICLE 8. PERSONNEL RPI shall, at its expense, provide a sufficient number of adequately trained personnel, including security personnel, to exercise and perform all activities conducted upon the licensed premises. The City shall exercise no control over the recruiting, selection, hiring, firing, terminating and/or compensation of these personnel and the sole responsibility of the same shall be borne by RPI. ARTICLE 9. iND'E'PENDENT CONTRACTOR It is understood and agreed that the relationship of RPI to City shall be that of an independent contractor for all purposes and in regard to all matters arising out of this license agreement, RPI shall operate hereunder as an indeplendent contractor and not as ail. agent, representative or employee of the City. RPI shall have exclusive control of and the exclusive 7 right to control its employees and the details of its operations on the licensed premises and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine Of respondeat superior shall not apply as between RPI and City, its officers, agents, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between RPI and City. ARTICLE 10. INDENIMTY RPI covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, the City, its officers, agents and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the services to be performed by RPI, the occupancy and use of the licensed premises and any and all activities conducted thereon or the sale and/or consumption of any food, beverage or other items by RPI, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused in whole or part; b the ill d neglig�ijc4� f tj e offic rs in _9_1 C servants employees of the City; and said RPI does hereby covenant and agree to indemnify, defend, and hold harmless the City, its officers, servants and employees for any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or assorted, arising out of, the services to be perfol-Ined, the occupancy and use of the licensed premises and any and all activities conducted thereon or the sale and/or consumption of any food, beverage or other items hereunder by RPI, its officers, agents, employees, or subcontractors, whether or not caused in whole orj"-- a_rt� Pyjh_c alleged negh of the officers servants. or e C!� es of the Citv. RPI fik vise covenants and agrees to, and does hereby, indefnnify and hold han-rdless City firom and against A any and all injuries, damage, loss or destruction to property of City during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleRed acts or omissions of officers, or employees of the Ci!y. ARTICLE 11. INSURANCE A. RPI shall be responsible for providing all insurance required by the City's REP. B. All insurance shall be provided by carriers acceptable to the City in an amount no less than $1,000,000. The City shall be named as an additional insured in the insurance policy(s), the insurance provided shall be primary insurance as to the City and RPI shall submit certificates of insurance and a copy of the insurance policy(s) as proof that it has taken out and maintained such insurance as is required hereunder. ARTICLE 12. ASSIGNMENT A. Assignment. Except as otherwise specifically provided herein, RPI shall not have the right to assign, in whole or in part, this license agreement or any interest therein, without the prior written consent of City, and any such attempted assignment without such prior written consent shall be void. Any such consent shall not be unreasonably withheld. B. Mortgage. RPI shall have no right to mortgage its interest in this contract or the licensed premises, nor take any other action which would be the foundation of any lien or purported lien on the premises. In the event that any purported hen shall be filed, RPI shall take all necessary steps to extinguish sanne within ten (10) days of such filing. ARTICLE L-3). COMPLIANCE WITH LAW In its use and occupancy of the ficensed prernises, RPI agrees that it shall surictly comply with all federal, state and local laws, statutes, regulations, charter provisions and ordinances. 9 id joy RPI further agrees to obtain and pay for any necessary licenses and permits from any governmental agency with jurisdiction thereof and to pay lawful taxes on tickets or admissions. RPI agrees that it will not do or suffer to be done anything on the premises hereof in violation of such laws, statutes, regulations, charter provisions, ordinances or directives or orders of the Health, Fire and Police Department of the City of Fort Worth. If City, through its authorized representatives,I calls the attention of RPI to any such violation on the part of RPI or any person employed by or admitted to the premises by RPI, then RPI will immediately desist from and take all reasonable and necessary steps to correct such violation. RPI shall not, on the grounds of race, color, sex, national origin or handicapped status, discriminate or permit discrimination against any person or group of persons in any manner prohibited by the laws of the United States of America, the State of Texas or the City of Fort Worth, ARTICLE 14. DEFAULT A. Default by RPL If RPI shall default in the performance of any obligation hereunder, the City shall provide written notice thereof to RPl. RPI shall have thirty (30) days to correct said default. In the event the default is not reasonably susceptible to cure within thirty (30) days, RPI shall commence remedial action and diligently pursue correcting the default on a mutually agreed schedule. If RPI fails to correct said default as prescribed, or in the event that any other person than RPI secure possession of the premises, or any part thereof, by reason of any receivership, bankruptcy proceedings or other operation of 'law in any manner whatsoever, City may at its option and without notice. to Rpl, terminate this license agreement, or, in the alternative, City may re-enter and take possession of said premises and remove all persons and property thereftorn without being deemed guilty of any manner of trespass and relet the premises, or any part thereoC for all or any pat-L or, the rernainAer of said ter-ans, to a partV satisfactory to City, and at such monthly rental as City ri-lay with reasonable diligence be able to 10 V 1 secure. In the event City exercises the option to terminate the license agreement, re-enter and relet the premises as provided in the preceding sentence, then City, after giving reasonable notice to RPI of the intent to take possession and giving an opportunity for a hearing thereon, may take possession of all of RPI's property on the premises and sell same at public or private sale after giving RPI reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, for cash or on credit, or for such prices and terms as City deems best, with or without having the property present at such sale. The proceeds of such sale shall be applied first to the necessary and proper expense of removing, storing and selling such property, then to the payment of any amounts due or to become due under this agreement from RPI, with the balance, if any, to be paid to RPI. All rights and remedies of City under this license agreement shall be cumulative, and none shall exclude any other right or remedy at law. Such rights and remedies may be exercised and enforced concurrently and whenever and as often as occasion therefor arises. B. Default by City. If City defaults in the performance of any obligation hereunder, RPI shall give notice thereof to City and may elect to terminate this agreement ou giving at least thirty (30) days' notice in writing to City of such intention, thereby terminating this agreement on the date designated in such notice, unless: 1) City has cured such default prior to expiration of the thirty (30) day period; or 2) if said default is not reasonably susceptible to cure within a thirty (30) day period-, or 3) City has begun,remedial action and continued to diligently proceed to cu.re, Provided, however, tiflat it is al,reed that PI's sole and excluslivercincdy for default by City is ten -niination of this agreement in accordance with this section sand release of RPI froth further of hereunder, and City shall never be responsible for ally monetary danlagCs for alleged lost profits, consequential darnages, or other damages by reason of such breach. ARTICLE 15. NOTICES AND ADDRESSES All notices required or permitted under this agreement shall be given by certified mail or registered mail, addressed to the proper party, at the following address: City: RPI: City of Fort Worth Rodeo Plaza, Inc. Attention: City Manager Attention: Holt Hickman. 1000 Throckmorton Street 121 East Exchange Avenue Fort Worth, Texas 76102 Fort Worth, Texas 76107 ARTICLE 16. PARTIES BOUND This agreement shall be binding upon and inure to the benek of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this agreement. ARTICLE 17. TEXAS 1,AW'I-'O APPLY This agreement shall be construed under and in accordance with the law of the State of Texas, and all obligations of the parties created hereunder are perforniable in Tarrant County, Texas. ARTICLE 18, LEGAL CONS TR UCT ION In case any one or more of thre provisions conaKed in Mis agresnent shAl for any reason be hold to be Knvalid, illegal or unenfiorceable in any respect, such invalidity, illegality or UlIC-11forceability shall not affect any Wher FroAsion la of and this agreementshall be construed as if such invalid, illegal or-unenkneable provision had ncver been contairicd heft k, 12 ARTICLE 19. AMENDMENT No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto. ARTICLE 20. RIGHTS AND REMEDIES CUMULATIVE The rights and remedies provided by this license agreement are cumulative, and the use of any one right or remedy by either party shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. ARTICLE 21. WAIVER OF DEFAULT No waiver by the parties hereto of any default or breach of any term, condition or covenant of this license agreement shall be deemed to be waiver of any other breach of the same or any other term, condition or covenant contained h-crclrE AW17 ICLE 22. VENUE It is agreed that, should any action, at law or in equity, Prise out of the terms of this agreement, directly or indirectly, ventic shall lie in Tarrant County, Texas, ARTICLE 23. DUE DILIGENTC'1'7'� [NSCI-AIMER OF WARRANTIES The parties acknowledge that RBI has been given a due diligence period for inspection and exa-ainat-ion of the premnises as it dcorns necessary and has had an opportunity to ascertain the fillness of the licensed preln1j'Se. fior the puT-oses of this aareenicilt, RPI ac"knowledoes that I - Z> s id prernises are fi-L fiar such punposes, City expressly disclaiii-ns any atm--t a,11 warrantles arising al F. by operation of law or otherwise and specifically disclaims any implied warranty of suitability and licenses the property"as is"to RPI. ARTICLE 24. NON-APPROPRIATION In the event that funds are not appropriated by the Fort Worth City Council to pay any obligation of City hereunder, in such event the City shall give written notice to RPI and this agreement shall terminate without penalty to the City on the last day of the fiscal period for which appropriations were duly authorized. ARTICLE 25. EDA APPROVAL This agreement shall be expressly conditioned on obtaining any necessary approval required of the Economic Development Administration (EDA), and if such required approval is not obtained, this agreement shall terminate upon notice by City to RPI without penalty to either party. ARTICLE 26. EMERGENCY MEDICAL SERVICES RPI shall be responsible for requiring users of the licensed promises to provide the appropriate emergency medical services necessary for each event. Any standby an-ibUlance service inust be provided by the current City of Fort Worth's licenscd ambulance provider in accoFdance wiffiCity Code Section 5-4. EXECUTED as of the date and year first above written. M-1 S,11- T l o D��V CITY O h q I H By: "N"A _k, Bv: Gk ia Po-irs'-on, City Secretary � isaant City'Mana (t/1 14 USA { Approved as to form and legality: App v c ' ended: By: By: ity Attorney kirk N. Slaughter, Director of Public Events Date: RO O PL A, INC. Contract Authorization By: ` ,x Date STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersign q otri a Notary Public in and for the State of Texas, on this day personally appeared M' rimer, k'r7ou n 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 of Fort North and that he executed the same as the act of the City of Fort Forth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL,OF OFFICE this (ot< day of , 2001 �� f BARNES Notary Public in and.for the State of Texas j NOTARY i Stare of Tai Exp.03-31-2006 STATE;OF TEXAS COUNTY OF TAR ANT BEFORE ME, the undersig edr uthority, a?hoary Public in and for the State of Texas, on this clay personally appeared . ` e Imo%sn to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the sane was the act of Rodeo Plaza, Inc., and that he executed the sane as the act of said Rodeo Plaza., Ine,, for the purposes and consideration therein expressed and in the capacity therein stated, GIVEN UNDER FAY HA 4'D AN D SEAL, OF OFFICE thhis _.of 4 2 t02. �3 J N rP � 1 ' t tea, �u� lic �" _ � b h'� State Texas i EXHIBIT A ILI to to if 6 C% cli u �, o -0 1 lu z i t 89-55V t 152"qF 1339 Sq Et. i a E, .` ,tc3 Z ° n c' e m a l a o� � �r _ z o. t zi EAST t?,.r.: .+,r..t fi•. - 0 r.a z s;P.a w,At I Utit tY Ea^tmtat c 2W ___,.,,. }- S89 55 tN 220 M£NT AND AGREEMENT- yFri NDERGROUNO FACILi Tit ES w; v D _ o - y,t> 1 2P e 2 BARN I N89° 9r5 ul (✓ "L Nt v"� ° ' * t ,�•.. 1.0 00 O\a "m� .� U I~f r ,' IOFT. DISTRIBUTION EAS MENT B. i w POWER pLA 'J aaOy ,� _, tt R.O.W. 70 7.E. S.CO. VOL.3 7e° _G7 � P�OPC F{-.�. L OT 5 N °� �3`< gsg e't�,t L PG.sae ` ' ry 12,430 sgi_E. �. UitoN cs�u o t 0.285tac. B r- _ w 89-55-00 w c toFT-DISTHE S.co. '_ 227.90 y :. 9`5 00-E— ( � } °}--- 7J, 7 S0. F'� .y4 1.347 rP�d{ o o 11010 n sAa° �, Place of Beginning of Cbescri Accompanying Lion P � TRACT C`. =j ow me TRACT E (THE COLISEUM) t 1 ..� •' -. �. Ii 8R-t7.Vd. TO TE 10 6443,FG EA SErf ENT FOR FLOOD- _r 1 - t`-- i CY" LOT 3 �j J x 3 }=7Ax Lt BE UT FIGATI00" TO CITY OF FORT 'WORTH 4t �;�" •t n. 1 � I VO L.ae 4!, FG. 50 9 - C7 zrr ca r 66, 889 Sq. Ft, 'L 03 ° t _ to I C, �j 2 cc) I [ C) t . t s. vet rS d4 i •d°fig i- ul°C.., .. . i 1 VEST ', aa. Place t Be tF?i-"ig of 5 €acv �.. Accompanying DescripliO , pI' COWTOW COLISEUM �N Pill.1121,14111 ENTORFEY ,61181T B -- -------------- F As of DESCRIPTION Desks; -�;;,,-Ierical�Desk,Blue— Executive Desk, Wood, 7206 Executive Desk, Gray,Metal 6004 (Maintenance Office) -Secretarial Desk Chairs- ec High-Back Chair,Black 2 Barrel Side—Chair,—Not—Padded Side Chairs,Wood 2 Barrel Side Chair,Padded_ Finish V P Area) 123 11 Bar - �Tall gar—(,,hairs,Natttr-a�l—Fin�ish(\ --- 1093 est Orange.Plastic Folding Chairs (CC &Billy Bobs) --------- 6 Black Iron 6'6" Wooden Benches 275 est Green Metal Folding Chairs (Arena Box Seats) 2 'File Cabinets, 4 Drawer VR47aff N&s u-S--ite 1--1-1--s- Rcf&,erator l Freezer, Whirlpool Metal Stool,Paddied , Mark Wipe Board (III front office) ------- Set of Plans (Mccll,, Plumb.,Elc t- s oinewhere in bld,) Set of Marquee Letters ------- -- ------- Tirne. Clock ------- -ZI,-2 d 36" Square Plastic Co a-ted Pic";-c Tables (in an outside) ( 1aiir Stacking Dolly 3 "Cable Car-Wood c"Po rtable Concession Carts AIR,-F- n---- Fxtinguislners (Variulls Sizes) ------ --------------- 140 gallon RL%bberj'rash Containers 141 ancls, g 110, X5' pofta'blc �, Ste c! c2d.HeP reen 124 4 1 h gh Roul"Id i 35 C'11-11"ables, i1rown Id" � ' � r~ 'U Trusses and Lighting: Dimmers Dimmer Rack(Sound room downstairs) 2 Electronic Controls for Dii�mer-Rack I Stage Lights 73 est TOJ_�Box-Truss Truss Lift Controls -Super Trouper Spot Lights (one west side-one cast side) 2 Central Plant/Main Power: Audio Equipment: ,lM�E Speakers (On Front of Buildi�g_) Various Mic Cables 7j�u--- merous ,Sound System Installed May 4,2000 Crown MA3600 Power Amp Crown MA2400 Power Arnp Crown NIA 1200 Power Arrip Food & Beverage 3 Drawer Bun Warmei 3 J'ap Keg Beer Dispenser Post P,.,Ilx Beverage Service vl/lee 1,1114 (Coke prod.) Series t'j 600 lee MaefflilIC, fl 13 Conipartment Sink 1I,, ectric 'VVater 11cater, 30 Gallon 3 oT partnient Wooden Cabinet v ` Southeast Concession Stand— 1 Roller Grill 3 Post Mix Beverage Service w/Ice Bin (Coke Prod.) 1989 Model Popcorn Machine - Star I Series#600 Ice Machine -Manitowoc 1 Walk-in Refrigerator -Daeco_ 3 Compartment Sink- Electric Water Heater, 30 Gallon - Stone 3 Compartment Wooden Cabinet Northeast Concession Stand— 3 3 Tap Keg Beer Dispenser 3 Compartment Sink Northwest Upstairs Bar— 4 Hole Bar Sink 3 Tap Keg Beer Dispenser "Gun Styl-l"Beverage Dispensers Northeost Upstairs Bar— 4 Hole Bar Sink 3 Tap Keg Beer Dispenser- Perlick -Gin, Sty]-." Beverage Dispensers South Bar 30" x 72"Wood Desk w/ I Barrel Chair Walk- Walk-in Frcezer 20 x 5' ` Exhibit C REQUEST FOR PROPOSAL FOR THE MANAGEMENT AND OPERATION OF COWToWN COLISEUM AND RODEO PLAZA CITY OF FORT WORTH 1. _]BACKGROUND Cowtown Coliseum is located at 123 East Exchange Avenue in the Stockyards area on the Northside. it has a seating capacity of approximately 2 ,500 and is approximately 84 years old. During the past 15 years the facility has been used primarily for livestock and rodeo events. Rodeo Plaza (formerly known as North Commerce Street) is located immediately west of the Coliseum and it consists of a fifty (50) foot wide right-of-way that extends from Exchange Ave. north to Stockyards Blvd. 11. gENERAL_PROVTSIONS Firms submitting proposals should keep in mind the requirement to comply with the following provisions: A. Existing Agreements and or Contracts The City has comr;j.tted to several events in the Coliseum through successful proposer will be required to 110DOr these 1993� The� -,no J- commitments. A list of these commitments is shorn a,- bttaqhiWept C. B. 11istorical and Cultural Zoning Designation The C I ity of Fort Worth has given the Coliseum a historic and cultural zoning designation.. As a result, certain limitations have k been placed on alteration Of the f ac ility. �t aghment_A sunmarizes significant portions of the historic and Cultural Zoning ordinance (No. 10444) . The proposer is encouraged to review the entire ordinance fo-1- additional information. C. Texas Antiquities Corunittee's Designation This State agency has designated the coliseum a historic building. Attachment -L 011 the 1.initat,ions for alteration of -Li provides details the facility. lffi D. Cowtown Coliseum and Rodeo Plaza f ran the EDA to renovate the As a- condition of grants recCat d signed a Property management � and Rodeo Plaza, the V a retain title to the Coliseum City "- ag�eecl t - asically, the, C, Y ' would be devoted agr'eement. B their useful I if e and' the facilities service facilities for - Also, the facilities must provide to "public purposes. all persons without regard to race, color, to without discrimination sful proposer will ilities be religion, sex or national origin.in. The for the use Of the fac succes required to execute a License Agreement . E. National Historical society national historical building and the successful The Coliseum is a all regulations as they pertain to the proposer must agree to follow 14ational Historical Society. F. Repairs responsible for any repair to the outside walls The City will be resPOn er will be responsible for all and the roof. The successful propos coliseum without be no alterations to the airs� There will d compliance with the other reP* of the City an prior written approval agencies cited in B, c,,. and E above. requirements of the G Tnsu-rancc Coanercial.. General Liability TnsuranCle -I"le limit (CSI,} for bodily injury d sxI limits - $600, OC)o conbilic e-cfate 000 medical combined $1, 000,000 acjcjr and property da7ivage payments; $50, 000 fire legal liability- an additional insured oil 2 . Vie City Of Fort Worth shall be name the policy- B. Property insurance Policy (S) (insuring ) its owned or 1. The Lesoc�e shall be responsible for leased contents. Extended Coverage (or 2. The CitY shall provide Fire and [uivalent) insurance on the facilities, on a Replacement Cost (RC) ea Boiler and Machinery insurance on b'- 'itY S*�Ia-jj irtai-ntain aais; plLls, the C the power Plant. Ii. pentaj Rates to set a fee schedule for t i t I e d proposer wij-1 be en xis-jrg contra—S. T'he SuCcE's�--,ful I ies W�tj-, the exception Of in their U'Se of -the facilit will be - honored at the rates specif ied ey,isting contracts tracts. re'spe-tive aqreements or con 1. concessions The successful proposer will be responsible for operation and control of all concessions/catering , in the Coliseum and Rodeo Plaza. J. Budget Each proposal must include a detailed budget for each year of the initial term of the contact. Proposed expenditures, and anticipated revenues and any City cost participation, if required must be included in line item form. K. Hours of Operation The I successful proposer will maintain such hours as necessary so as to obtain maximum utilization and exposure for the use of the facilities by the public. The normal hours of operation should be posted in areas readily accessible to the public. L. Equipment The City will retain all rights and ownership to the office furniture and facility equipment. The successful proposer may separately negotiate with the City for the use any of the equipment. Will be returned to the City at the 7,,ny equi-puent used by the Propose- -r- end of the contract period in 9(.-)od working condition. The HVAC system will not be operated during those clays when events are not scheduled. Exhibits Building unless not 1:)e use The 11VAC systc-Mwil-I a to cool the Y authorized in writina by the city manager' s office. M. Length of the Contract The initial to of the management/operation contract will be for a period of three years with two one year renewal options. At the end of the contract period, the proposer will leave the Coliseum and tenet facilities in the same or better condition. N. Financial Audits The proposer at their own expense Will provide the City on an annual basis a financial statement prepared by an independent auditor. The City reserves the right to audit the proposers, financial records at any time by the City's Internal Audit Department. 3 . U 0. Facilities successful proposer will have the responsiby for the The s management and -concessions for - _CO_WtOwn -CO)Aseum and Rodeo operation, ge proposer may kds- The EI�Iza area of - the stocyarsuccessful ed with the �written consent of sub-lease the any part of the facilities -as requIX of the area containing the City. See attachment R for a nap facilities. nV THE PROPOSAL proposal should include at a An overall management/operations minimum: A. Background of the management team and experience of the proposer in managing facilities of this type• indicate that necessary B. Financial data/statement that Will successful undertake this contract. The resources are' available to projection to proposer should also submit a three year business include expenses and revenues. provide details on how the facility C. A management plan that W'll and days of operation. including the proposed hours will be managed, pportunitY Employer. er must be an Equal 01 - The successful proposer D. A riarketjnq plan that will Show how the proposer plans to attract customers and events to the Coliseuf" E. proposers ,ay 11, furnish to the city a proposal(s) for either western use or general use I or both. F. An indication that the GENERAL " PROVISIONS in section 3:1 will be complied with, or an explanation of any excePtis- uncil :gay require a performance bond or other sur,�ty G. The Cite CO frorn the successful proposer. IN. ,IpN PILIQCESS C 'Mmittee will evaluate proposals and nake A ' staff selection 0 recommendations to the City Manager B. Selection of I the firm/proposer to mange and operate the Coliseum J_ lity of the proposal, benefits a wiI3, be based on the qua ctives, benefits to the CitY, and Rodeo Plaz Je . to the stockyards area redevelopruent 011* of the proposer as and the experience xperiene and financial s�-abilitY -e ,P Fort Worth, whose decision shah evaluated solely by the City OL f"kJ final. C. The City reserves the right to reject any and all - proposals, the right to 'Waive' 'any requirements, to ,negotiate provisions and to award in the best interest of the City. All . proposals that are submitted become the sole property of the City. V. SCHEDULE OF INFORMATION Five (5) copies of the proposal should be submitted to: City Manager's Office Attn: Bob Terrell 1000 Throckmorton Street Fort Worth, Texas 76102 Ref: Yanage,ment/Operation of Cowtown Coliseum and Rodeo Plaza and should be received no later than 5: 00pm on .August 21, 1992. Oral presentations/interviews or, other additional inforxaation may be requested of selected proposers that are chosen as finalists and may be used at the discretion of the City. For 'more, information or to schedule a tour of the facilities please contact Paul Sweit,/er at 871-8507 . 5 J Attachment A 1 of 2 CITY OF FORT WORTH summARY OF HISTORIC AND. CULTURAL ZONING REQUIREMENTS NO. 10444) 1. The "HC" Historic and Cultural Landmark subdistrict is created as a subdistrict to provide for the protection and preservation of places and areas of historic and cultural importance . and significance. 2. The "HC" Landmark Commission submits recommendations to the zoning Commission who in turn makes recommendations to the City Council. 3 . The Commission has designated a Permit Committee composed of the three (3) appointed Board members, the Building Official and the Planning Director. 4 . The Permit Committee reviews all applications for permits to construct, alter, reconstruct, modify, remove or demolish any structure or. site for conformance to guidelines and other provisions of the ordinance and instructs the Building Official to grant or deny the applications according to their findings. 5. Instruction to grant an application � a_11. only be made upon affirmative vote of three. (3) members of the committee, the decisions of the Permit Co mndttee shall be the same as if made by the Commission. 6. hny work which involves new construction, alterations, additions, or modific=ations of any structure or portion of a structure on any sate, including paint and signs, within an "He,, subdistrict shall require a permit. permit fees are established in the Building Code. applications are revi-ewed .by the Permit Committee Prior to the issuance of permits° t and. wall covering: (paints and 7� All graphic elements signs other) should reinforce the architer3ural integrity of the building and will be in accordance with the guidelines established for the subdistrict. paint or sign shall be applied, erected or altered- without a permit f -oir, the Building Official . Applications will b acc:onpanied by paint samples or an the case Of sJ gns, plans, drawings, shape, color and location of the proposed sign will be submitted. Attachment A 2 of 2 9. Public works, and Public Utility projects constructed above ground within an IIHC" subdistrict will be reviewed by the "HC" Landmark Commission and found to . be appropriate to the character of the subdistrict before approval. J 10. ordinary maintenance which does not alter or affect the historic value or character of a structure or site is exempt from these provisions. . } Attachment B SUMMARY OF TEXAS ANTIQUITIES COMMITTEE REGULATIONS OFFICE OF THE STATE ARCHAEOLOGIST , CHAPTER 41. PRACTICE AND PROCEDURE EXCERPTS 1. It is the policy of this committee to locate, protect and preserve all sites, objects, buildings, pre-twentieth century shipwrecks, and locations of historical, archaeological, educational, or scientific interest that relate to the inhabitants, pre-history, natural history, government, or culture in, on or under any of the land in the State of Texas. Such sites, when designated by this committee are considered State Archaeological Landmarks (SAWS) . 2. All SAL'S may not be altered, damaged, or destroyed without a permit from the Texas Antiquities Committee (TAC) . 3 . Historical preservation permits are issued if: A. The owner has demonstrated an ability to carry out proper activities involving preservation, stabilization, recon- struction, rehabilitation or restoration; B. The owner has retained a qualified preservation architect (or a firm with such an individual on staff) . to Supervise the project; C. The owner Provides proof that adequate funds, equipment, foci are available to properly conduct -ties and personnel the proposed project. 4 . Required information for a permit application: A. 1iLJL nLo r_ V7 o r k (Protection, stabilization, preservation) requires a report detailing project description and justification. This must be submitted one (1) month before the project's starting date. V. r Work (rehabilitation,restoration and reconstruction} requires the _ubrdssjon of: A report giving justification, description and date of project (-with proper historical documentation) ; 2 . Prelirilinary plans and specifications; 3 . Construction Cost data. se, for construction bids only after the 5. The owner ray adve t rti permit is granted, n U Attachment B 6. Several categories of permits, oriented toward specific types of work are issued by TAC. Desictned -. for the purpose of A. Reconnaissance�o rt_Su r eV 'Work s ss lit of cu Ural se me resource of a specific area. is Limited to recording '- site locations, mapping, photography, controlled surface sampling and limited site testing. Site data will be recorded in the format adopted by TAc and returned to the committee for uniform data processing. Specific requirements are included in the permit. B. Allows detailed examination including systematic test excavations of a particular site or area. Testing must be oriented toward sampling a representative portion of a site. Specific requirements are included in the permit. C. _Excavation - This permit covers extensive 'excavation of a site. Specific requirements are included in the permit. D. Destruction - Under exceptional circumstances, when all preservation alternatives have been exhausted, and the public welf are- clearly requir es destruction of a SAL, the committee may issue a destruction permit after thorough mitigation has been accomplished. 7 . Anyone Working at the site of a SAL will have a copy of the permit available during all working hours S. usually no permit will be granted for a period of more than one (i) year, but if work has been diligently pursued under the permit, the time may be extended upon the applicant showing good cause. 9 NO permit issued by the comnittee will be assigned or transferred by the permittee, in whole or in part, to any Other institution or organization, 10. Any ruember or agent of TAC and any other Person in charge of land owned or controlled by the State, ruay at any time visit the area or site under permit. Such a representative of the 11 State may examine the permit as well as any field records. 11. Site farms for all sites recorded as a result of activitic-, through an antiquities pernit will be completed and submitted to TAB' upon completion of field work. Standard State site survey forms Willi be used. 9. R-1, Attachment B 12. Failure to comply with TAC's rules and regulations or failure to properly conduct or complete the project, will result in immediate cancellation of the permit as notified by registered letter. Upon notification of cancellation, the permittee shall cease ase work immediately, remove .all personnel and equipment, and vacate the site within 24 hours. A permit which has been cancelled can be reinstated by TAC if good cause is shown within 30 days. 140TE: The Antiquities commits created by the Antiquities cond Code ca of I ts of the 61st Legis lature, Selled Texas, Senate Bill No. 58 , Ac and Session, 1969 , codified as rticle 6145-9 in Vernon's Civil Code, as Title 9, statutes Chapter, , 191 recodified in the Texas NatAural Resource effective "September 1, 1977. 10. EXHIBIT "D11 Rodeo Plaza, Inc. 121 East Exchange Avenue Fort Worth, Texas 76106 (8 17) 625-1025 January 15, 2002 Honorable Mayor and City Council City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 Dear Mayor and City Council Members: Rodeo Plaza, Inc. hereby requests that the License Agreement for the management and operation of CoNvtown Coliseum and the adjacent supporting property be renewed, extended and modified as we have discussed with the City Manager's Office. Rodeo Plaza, Inc. is aTexas Corporation owned and managed by the following individuals: Holt Hickman President and Director Steve Murrin, Jr. Vice President and Director Billy Minick Vice President and Director Don Jury Secretary—Treasurer We would be happy to provide any additional information about Rodeo Plaza, Inc. that you may desire. Sincerely, Rodeo Plaza, Inc, Donald K. Jury DKJ,/Skk T= City of Fort Worth, Texas Mayor arld Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 2/12/02 C-18960 I 25COLISEUM 1 of 2 SUBJECT REQUEST APPROVAL OF LICENSING AGREEMENT WITH RODEO PLAZA, INC. FOR OPERATION OF COWTOWN COLISEUM RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a License Agreement with Rodeo Plaza, Inc. (RPI) for the rights to manage and operate the Cowtown Coliseum, the adjoining run-out barn, and the outside arena. DISCUSSION: On September 29, 1992 (M&C C-13564), the City Council authorized giving RPI the authority to manage and operate Cowtown Coliseum and Rodeo Plaza beginning October 1, 1992. To date, RPI has continued to operate within the terms of the original License Agreement. Under the terms of the attached contract, the management and operation of the pedestrian walkway, Rodeo Plaza, and the gazebo would return to the City. The general conditions of the attached contract provide for: • An annual payment of $135,000 paid on a monthly basis against utility costs. Any remaining balance from the allocation is to be paid to RPI in September of each contractual year. The maximum expenditure is $135,000; and • The agreement covers a five-year period at $135,000 annually, subject to appropriation, and includes additional renewal options; and • The City assumes responsibility for structural and other modifications required by the American Disabilities Act as identified on October 1, 1992. Further modifications that may be required would be subject to negotiation between the parties; and • The agreement requires RPI to cause scheduled maintenance of the central air system and requires the first $3,000 in repairs to be at their expense (per occurrence) with an aggregate annual stop loss of$12,000. l i 1 i City of Fort Worth, Texas Mayor and Council oninlunic3tiO 1 DATE REFERENCE NUMBER LOG NAME -i5� 25COLISEUM 2 of 2 2/12102 C-1 8960 SUBJECT REQUEST-APPROVAL OF LICENSING AGREEMENT WITH RODEO PLAZA, INC. FOR OPERATION OF COWTOWN COLISEUM FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. MG:k ACCOUNT I CENTER AMINIOUN18T 1 _CITY SECRETARY Submitted for City Manager's ACC NI Office by: (to) : Mike Groomer 6140: Originating Department Head�- A Kirk Slaughter 2501 (from PPROVED 02/12/02 ) 5391120- 0251000 $135X0.00 dam an