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HomeMy WebLinkAboutContract 11912-A1 CITY SECRETARY CONTRACT NO. i FORTWORTH PUBLIC EVENTS DEPARTMENT/WILL ROGERS MEMORIAL CENTER 3401 WEST LANCASTER AVENUE, FORT WORTH,TEXAS 76107 FIRST ADDENDUM and CONSENT TO ASSIGNMENT OF LICENSE AGREEMENT#11912 Dated: January 7, 2010 High Caliber Gun & Knife Show Event Start Date - December 18, 2010 This document will serve as an Addendum to become a part of and attached to Event License Agreement #11912 when signed by all parties. The following introductory provisions are true and correct and form the basis of this Consent: A. This Consent to Assignment of License #11912 ("the Consent") is made and entered into by and between the City of Fort Worth, Texas ("the City'), High Caliber, Inc. ("Operator" or "Assignor"), and Lone Star Gun Shows ("Assignee"). B. The City and the Assignor previously entered into Event License Agreement #11912 ("the License" and/or"the Agreement"). C. Assignor now wishes to assign to Assignee all of Assignor's right, title and interest granted to the Operator under the License; Assignee wishes to accept such assignment; the City is willing to consent to the assignment subject to the terms and conditions set forth in this Consent. D. Operator was previously incorrectly identified as "High Caliber, Inc." in Event License Agreement #11912. Operator's true and correct legal name is "HC Gun and Knife Shows, Inc." The correction to the true and correct legal name in no way affects the rights, duties and responsibilities of any party to the original Event License Agreement, or of this Assignment of the Event License Agreement. The correction is intended only to clarify the true name of Assignor, and not intended to affect or modify any substantive provision of the original license agreement or of this assignment. NOW, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City, Assignor and Assignee agree as follows: 1. The City hereby consents to an assignment by Assignor to Assignee of all right, title and interest granted to Operator pursuant to the Event License Agreement (the "Assignment"), effective as of the last date that the City, Assignor, and Assignee have executed this Consent ("Effective Date"). The Agreement is incorporated herein by reference for all purposes. E L RECOM The City does not adopt, ratify or approve the particular of any written or oral agreement or understanding that may have been made or reached by and between the Assignor and CRETARY Assignee as part of or in regard to the Assignment. The City does not grant any right, , TX privilege or use to the Assignee that is different from or more extensive than any right, n o ssignment and Addendum of License Agreement #11912 Page 1 of 3 - privilege or use granted to Operator pursuant to the Agreement. In the event of any conflict between the Agreement and the Assignment, the Agreement shall control. 3. The City consents to the Assignment expressly upon the promise and covenant by Assignee, and Assignee hereby promises and covenants to the City, as of the Effective Date, that Assignee will faithfully perform, as an independent contractor, all duties and obligations of Operator set forth in the Agreement. 4. Assignor understands and agrees that Assignor and Assignee will be jointly and severally liable to the City for (i) any duty or obligation of Operator that Assignor was required by the Agreement to undertake or perform prior to the Effective Date and (ii) for any damages, including, but not limited to, property loss, property damage and/or personal injury of any kind, including death, to the extent caused by Assignor, its officers, agents, servants, employees or subcontractors. 5. Notices required pursuant to the provisions of the Agreement shall conclusively be determined to have been delivered when hand-delivered or mailed by United States Mail, postage paid, return receipt requested, addressed as follows: To Assignee: To Assignor: Lone Star Gun Shows HC Gun and Knife Shows, Inc. 2405 Interstate 30, Suite B P. O. Box 2616 Mesquite, Texas 75150 Alvin, Texas 77551 6. All terms in this Consent that are capitalized but not defined shall have the meanings assigned to them in the Agreement. 7. The Assignor has the full right, power and authority to enter into the Assignment and this Consent, to make the representations set forth herein, and to carry out the Assignor obligations hereunder. 8. The Assignee has the full right, power and authority to enter into the Assignment and this Consent, to make the representations set forth herein, and to carry out the Assignee obligations hereunder. EXECUTED as of the latest date below: CITY OF FORT WORTH: ATTEST: By: By: Tom Higgins Marty Hendrix Assistant City Manager City Secretary Date: a °000000r a APPROVED AS TO FORM AND LEGAILITY: p�,�0 °° 0��� By. _ r �� �o 0�1 Cherlylesv� Assistant City Attorney •^ / 'P�f o° o°-K d 00000000 AY :OFFICIAL RECORDConsent to Assignment and Addendum of License Agre ETARY Page 2 of 3 FT.WORTH,TX HC GUN AND KNIFE SHOWS, IN signor) a Texas corporati By: - c Todd Bean President Date: '�6 "/c LONE STAR GUN SHOWS (Assignee) a Texas corporatio By: ZtrlDir ed ctor Date: OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Consent to Assignment and Addendum of License Agreement#11912 Page 3 of 3