HomeMy WebLinkAboutContract 27542-A5 �a
CITY KM
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w, FIFTH AMENDMENT
-" TO THE SECOND RENEWAL OF
CITY SECRETARY CONTRACT NO. 27542
LICENSE AGREEMENT FOR THE MAINTENANCE
AND OPERATION OF COWTOWN COLISEUM
STATE OF TEXAS }
COUNTY OF TARRANT }
On ("Effective Date"), this AMENDED AGREEMENT is made and
entered by and between the CITY OF FORT WORTH, a home rule municipal corporation of
the State of Texas (hereinafter referred to as "City") acting by and through its duly
authorized Assistant City Manager, and RODEO PLAZA, INC. (hereinafter referred to as
"RPI") acting by and through Donald Jury, its duly authorized CFO.
WHEREAS, on February 12, 2002, the City Council, via M&C C-18960, authorized the
City Manager to execute a five-year agreement styled as City Contract No. ("CSC') 27542
with
RPI to use, manage and operate the Cowtown Coliseum, the adjoining "run-out" area, the
adjacent outside arena, bleachers and the central power plant located at 122-133 East
Exchange Ave; and,
WHEREAS, CSC No. 27542 between the City and RPI provided for a five-year primary
term beginning October 1, 2001 with five (5) consecutive one (1) year renewal options
thereafter; and,
WHEREAS, on February 6, 2007, the City Council, via M&C C-21956, authorized the
City Manager to execute the first extension to CSC No. 27542 with Rodeo Plaza for an
additional term of one (1) year commencing on October 6, 2006 and expiring on September
30, 2007 via CSC No. 35048; CSC Nos. 27542 and 35048 are hereinafter collectively
referred to as the "Agreement;" and,
FIFTH AMENDMENT TO THE SECOND RENEWAL
OF CITY SECRETARY CONTRACT NO. 27542
LICENSE AGREEMENT ""IRCIAL
Page 1 of 5
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WHEREAS, on October 6, 2007, the City Council, via M&C C-22455, authorized the City
Manager to execute the second extension to CSC No. 27542 with RPI to amend the term
and the amount to be paid under the Agreement for an additional ten (10) years
commencing on October 1, 2007 and ending on September 30, 2017 with two five (5) year
renewal options thereafter via CSC Nos. 27542, 35048 and 36118; and,
WHEREAS, on October 20, 2009, Stockyards 2000, L.P., the owner of Billy Bob's Texas
and RPI, purchased approximately 16,698 square feet of City property located adjacent to
and south of Billy Bob's Texas and north of the Ride Out Arena and the covered area of
Cowtown Coliseum in order to expand the stage of the entertainment venue; and,
WHEREAS, on November 19, 2009, the parties amended the license of the premises
located at 122-133 East Exchange Avenue, Fort Worth, Tarrant County, Texas to reflect the
removal of the 16,698 square feet of City property described in the preceding paragraph
(CSC No. 36118-A1); and
WHEREAS, on December 14, 2010, the City Council, via M&C C-24646, authorized the
City Manager to amend the terms of the Agreement to include the Rodeo Plaza Property, a
City owned 1.48 acre tract of land, as more particularly described in the CSC 3611 8-A2's
f t
Exhibit A-1 ("Rodeo Plaza Property"). The Rodeo Plaza Property is adjacent to the 122-133
East Exchange Avenue property. The City desired to use the Rodeo Plaza Property for
events to promote economic development and for the presentation of events (including
entertainment, social, cultural, sporting, rodeo, livestock, and like events);
WHEREAS, on December 21, 2010, in CSC 36118-A2, the parties amended the
Agreement to allow:
(1) RPI to manage, maintain and administer the Rodeo Plaza Property through a
interim/pilot program, from December 21, 2010 until June 19, 2011, in accordance with the
terms and conditions of CSC Nos. 27542, 35048, 36118 and 36118-AI (the original Rodeo
Plaza/Cowtown Coliseum Agreement);
FIFTH AMENDMENT TO THE SECOND RENEWAL
OF CITY SECRETARY CONTRACT NO. 27542
LICENSE AGREEMENT
Page 2 of 5
(2) the City to continue to provide waste removal services, landscape maintenance, and
street light replacement and maintenance, and gate opening mechanism maintenance; and
(3) the City by and through its contractor, the Arts Council of Fort Worth and Tarrant
County, Inc., which manages the City's Fort Worth Art Program ("FWPA"), to maintain the
sculptural public art components; and
WHEREAS, on the parties amended the Agreement to adopt the
Rodeo Plaza/Cowtown Coliseum Agreement's primary term found in CSC Nos. 27542,
35048 and 36118, which will end on September 30, 2017, for the Rodeo Plaza Property
program (CSC 36118-A2).
WHEREAS, the City and RPI amended the Agreement to allow RPI to add the vacated Mounted
Patrol Premises for a period of thirty days pending approval of a longer term license by City
Council the city-owned property formerly used as the Mounted Patrol Premises located at 2500
N. HOUSTON, as shown on Exhibit A-1 (the "Additional Property") for storage and stabling of
livestock;
WHEREAS, on August 4, 2015, via M&C C-27405, City Council authorized an amendment to
the Agreement to manage, maintain, and program the Additional Property in six-month
increments up to September 2017, in accordance with the terms and conditions of CSC Nos.
27542, 35048, 36118, 36118-A1, 36118-A2, and all amendments, including this Amendment,
and City and RPI hereby mutually desire to so amend the Agreement;
NOW, THEREFORE, City and RPI hereby mutually agree to amend the Agreement as
follows:
SECTION I
LICENSED PROPERTY DESCRIPTION
FIFTH AMENDMENT TO THE SECOND RENEWAL
OF CITY SECRETARY CONTRACT NO. 27542
LICENSE AGREEMENT
Page 3 of 5
Article 1. License of the Premises
In consideration of the mutual covenants and agreements set forth herein, the portion of
the License describing the property to be leased is hereby amended to be and read as follows:
The Additional Property is hereby added to the licensed premises which is attached and
incorporated by reference for all purposes into this Fifth Amendment to the Second Renewal of
the License Agreement. Notwithstanding anything in the Agreement or herein to the contrary,
the Additional Property shall be licensed for a term of six m' onths, beginning on September 10,
2015, with automatic six-month renewal periods up to September 2017, unless City gives RPI
written notice within 30 days of the start of a new renewal period that the license for the
Additional Property will not be renewed.
SECTION II
CONTINUED TERMS AND PROVISIONS
All of the terms and provisions of the Agreement between the City and RPI shall remain
in full force and effect except as specifically amended herein.
[SIGNATURES ON FOLLOWING PAGE]
FIFTH AMENDMENT TO THE SECOND RENEWAL
OF CITY SECRETARY CONTRACT NO. 27542
LICENSE AGREEMENT
Page 4 of 5
EXECUTED blbs effective aocftheYD day of September, 2015.
CITY OF FORT WORTH: RODEO PLAZA, INC,
Susan AlOis Donald-Junj
f : f r'
RECD"""|EN
Kirk Sl2udh'fer,birector
Public Events Department
APPROVED AGTOFDRN]AND
LEGALITY:
Leann D. Guz" a . ,
Sr. Assistant City Attorney
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61ary J.
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Date
KJ&C No. C-274O5
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FIFTH AMEHDIMENTnO THE SECOND RENEWAL �
0F CITY SECRETARY CONTRACT NO.27542
LICENSE AGREEMENT
Page 5uf5
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