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CITY SECRETARY
�C?INTRACT NO. 07
FIRST AMENDMENT OF RENEWAL CONTRACT
FOR FOOD AN BEVERAGE CONCESSION AT
FORT WORTH CONVENTION CENTER
STATE OF TEXAS
COUNTY OF TARRANT KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, on June 14, 1994, the Commissioners Court of Tarrant County,
Texas (hereinafter refereed to as the "County") acting through its County Judge entered
into a contract with Fine Host Corporation, a Delaware Corporation, of Greenwich,
Connecticut (hereinafter referred to as the "Concessionaire")to provide a food, beverage,
and related concession operation at the Fort Worth/Tarrant County Convention Center;
and
WHEREAS, on October 28, 1997, the City purchased from the County the Fort
Worth/Tarrant County Convention Center and all rights, terms and conditions of said
Contract were assigned to the City of Fort Worth (hereinafter referred to as "City"). The
name of the Fort Worth/Tarrant County Convention Center was subsequently changed to
the Fort Worth Convention Center(hereinafter referred to as the"Center"); and
WHEREAS, the City of Fort Worth and Fine Host Corporation understand and
agree that all rights of the Commissioners Court of Tarrant County, Texas under the
original contract were assigned in full to the City; and
WHEREAS, on June 22, 1994 and in accordance with Section 901 of the
Contract, Concessionaire entered into as Assignment of Rights Under Concession
Contract with Tarrant County Concessions, L.L.C., a Texas limited liability company and
certain rights, terms and conditions of Concessionaire under said Contract were assigned
to Tarrant County Concessions, L.L.C. Concessionaire assigned all rights under said
contract to Tarrant County Concessions, L.L.0 except those set forth in SECTION 608,
INVESTMENT IN THE CENTER and SECTION 1102(3), PROCEDURE FOR
TERMINATION AND REPOSSESSION. A copy of the Assignment Contract is attached
hereto and made a part hereof as Exhibit"A"; and
WHEREAS, the Contract provided for a six-year primary term beginning July 1,
1994 and for one(1) five(5)year renewal option thereafter; and
WHEREAS, City, Concessionaire and the Tarrant County Concessions, L.L.C.,
now parties under the Amended Contract, agreed to renew and extend said Contract, as
amended, for a new primary term of three (3) years with two (2) one-year renewal
options beginning July 1, 2000 and ending June 30, 2003; and
WHEREAS, the Renewal and Amendment of Contract under the agreed upon
terms was not executed until the 3rd day of November, 2000 due solely to the failure of
Tarrant County Concession, L.L.C. to provide documentation of the regulations for the
company indicating the names of those persons with authority to sign legal documents
and bind the company; and
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WHEREAS, between July 1, 2000 and November 3, 2000, Concessionaire and
the Tarrant County Concessions, L.L.0 were held over under all the terms and
conditions, including, but not limited to, Section 301 entitled "SECTION 301
PAYMENTS", of the original Contract between the Commissioners Court of Tarrant
County, Texas and Fine Host Corporation, signed and executed June 14, 1994; and
WHEREAS, pursuant to Section 1204, entitled "SECTION 204.
AMENDMENTS", of the original contract between the County and the Concessionaire,
and incorporated into the Amended Contract between the City, Concessionaire and
Tarrant County Concessions, L.L.C., said Contract may be amended from time to time by
written contract duly authorized and executed by representatives from all the parties
hereto;
NOW, THEREFORE, City, Concessionaire and the Tarrant County Concessions,
L.L.C. agree to amend the Renewal and Amendment of Contract for Food and Beverage
Concession at Fort Worth Convention Center executed on November 3, 2000 as follows:
1. Section 201, Term of Contract, is hereby amended to change the beginning date
of the term of the contract from July 1, 2000 to November 3, 2000 to read as follows:
"Section 201. TERM OF CONTRACT. This contract shall be in effect for a
period beginning November 3, 2000 and ending June 30, 2003.
This contract may, however be extended for two (2) one-year periods, on the
same terms and conditions specified herein, provided,however, such extension or
any further changes to the original contract as herein amended must be approved
by the Fort Worth City Council.
Upon expiration of the initial term or extension, Concessionaire and Tarrant
County Concessions, L.L.C. agree to hold over under the terms and conditions of
this Contract for such a period of time as is reasonably necessary to obtain a
replacement Concessionaire, provided such period shall not exceed ninety (90)
days."
2. All of the terms and provisions of the original Contract executed June 14, 1994
between the County and the Concessionaire and all the terms and provisions of the
Renewal and Amendment of the original Contract executed November 3, 2000 between
the City, Concessionaire and Tarrant County Concessions, L.L.C. shall remain in full
force and effect except as specifically amended herein.
EXECUTED on this, the /3-- day of `%/�2h� 12001.
AMST: , CITY• F RT V Ot TH
City ecretary MikYGroother
Assistant City Manager
1 �•.rfi.�{ri�r�o °Ui�
APPROVED AS TO FORM
AND LEGALITY: Contract Authorization
David Yett, City Attorney
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B Yl� rrl�l �X�'�l,v�l� Date
Assista6t ity Attorney
FINE HOST CORPO TION ATTEST:
By:
Chris Verros, Group President Corporate Secretary
of Recreation and Leisure
T T C TY CONCESSIONS, L.L.C.
exas limited abili pany
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State
of Texas, on this day personally appeared Mike Groomer,known 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 for Fort Worth and that he executed the same as the act of
the said City of Fort Worth for the purposes and consideration therein
expressed and in the capacity herein stated. n
GIVE UNDER MY HAND AND SEAL OFFICE,this day of
2000.
NotaryPubtc ' df theSate ofTexas
e�$�AAH JANE ODLE
STATEOF I.0 ICc L`� T,4RY PUBLIC
COUNTY OF , Elp� State of Texas
Comm. Exp.01-29-2002
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
4VY�� cu�; on this day personally appeared. Chris Verros, Group President of
Recreation and Leisure for FINE HOST CORPORATION, known 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 Fine Host Corporation and that he executed the same as the act of
the said Fine Host Corporation, this being attested by the corporate sermtaty"
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Host Corporation as evident by his/her signature, for the purposes and consideration
therein expressed and in the capacity herein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of
Notary Public in and for the State ofi �j u c-{�
STATE OF `73i 7,U�3
COUNTY OF
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared Te-6 o r,-A /110-&r-f-/ for
TARRANT COUNTY CONCESSIONS, L.L.C., a Texas limited liability company
known 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 Tarrant County Concessions, L.L.C.
and that he executed the same as the act of the said Tarrant County Concessions, L.L.C,
as evident by his/her signature, for the purposes and consideration therein expressed and
in the capacity herein stated.
G EN UNDER MY HAND AND SEAL OF OFFICE, this 7 day of
—21 200T
moo � /'^�•
N�k Public in and f e State of � J
JANIS M.JONES
• Wvy Puft State of Texas
Ah Commlpion Expires
''rPo. •''" SEPTEMBER 25,2003