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Home My WebLink AboutContract 45290-A3 2 3 4 5 6 7 CITY SECRETARY 1 89, CONTRACT NO. FORTWORTH N T f f �f a PUBLIC EVENTS DEPARTMENT/WILL ROGERS MEMORIAL CENTER 3401 WEST LANCASTER AVENUE, FORT WORTH, TEXAS 76107 THIRD AMENDMENT TO CITY SECRETARY CONTRACT NO.45290 A LICENSE AGREEMENT WITH NATIONAL REINED COW HORSE ASSOCIATION This THIRD AMENDMENT TO CITY SECRETARY CONTRACT NO. 45290 ("Third Amendment") is made and entered into by and between the City of Fort Worth ("City"), a home-rule municipal corporation, acting herein through its duly authorized Assistant City Manager, and NATIONAL REINED COW HORSE ASSOCIATION ("Licensee"), acting herein by and through its Executive Director. WHEREAS, on January 16, 2014, City and Licensee entered into City Secretary Contract ("CSC") No. 45290 for the purpose holding the NRCHA Celebration of Champions ("Event") at certain facilities in the Will Rogers Memorial Center; WHEREAS, on February 4, 2015, City and Licensee amended CSC No. 45290 to modify the Facilities and Rental Fee for the 2015 Event, said agreement being CSC No. 45290-Ai; WHEREAS, on October 21, 2015, City and Licensee amended CSC No. 45290 to modify the Facilities and Rental Fee for the 2016 Event, said agreement being CSC No. 45290-A2 (CSC Nos. 45290, 45290-Ai and 45290-A2 are collectively referred to herein as the"Contract"); WHEREAS, the parties wish to add the Charlie and Kit Moncrief Building, including the W.R. Watt Arena, and the Stagecoach Room to the list of Facilities for the 2017 Event; WHEREAS, the parties also wish to amend the Rental Fee for the 2017 Event; and WHEREAS, it is the mutual desire of City and Licensee to amend the Contract to (1) add the Charlie and Kit Moncrief Building, including the W.R. Watt Arena, and the Stagecoach Room to the list of Facilities for the 2017 Event, and (2) amend the Rental Fee for the 2017 Event. NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS For and in consideration of Ten Dollars and No Cents ($10.00) and other good and valuable consideration, the sufficiency of which is hereby acknowledged, City and Licensee do mutually covenant and agree that the Contract is hereby amended as follows: 1. Exhibit A, 1) FACILITIES AND RENTAL DATES, Subsection a. shall be amended for the purpose of adding the Charlie and Kit Moncrief Building, including the W.R. Watt Arena, and the Stagecoach Room to the list of Facilities available to Licensee at the Will Rogers Memorial Center for the 2017 Event and read as follows: ,,a) City agrees to license and provide to Licensee the following facilities at the WRMC (collectively, the "Facilities" or "Facilities") as needed and available for the Event on the contracted dates listed in section 1.b. _ _____ Will Rogers Coliseum (1) Includes all dressing rooms and office areas OFFICIAL RECORD (2) The City and Licensee acknowledge that the Will Rogers CITY SECRETARY Coliseum will not be available for use by the Licensee during Licensee's 2015 and 2016 Events; therefore, the Will Rogers FT.WORTH,TX Coliseum is hereby excluded from the list of Facilities available Third Amendment to CSC 45290 1 of 3 for use by Licensee for its 2015 and 2016 Events. Use of the Will Rogers Coliseum by the Licensee for any future Event shall be permitted in accordance with the terms of the Contract. ii) Burnett Building (1) Includes all stalls, Vet Clinic, office areas, exercise area and cattle pens, if needed. iii) Richardson-Bass Building (1) Includes John Justin Arena, all stalls and cattle pens, James L. and Eunice West Arena, Brown-Lupton North and South Exhibits Areas, Coburn Room, all available meeting rooms and office areas. iv) Equestrian Multi-Purpose Building (1) Includes all stalls and arenas, if needed. V) The Pavilion with 125'x 250'arena vi) Charlie and Kit Moncrief Building (1) Includes W.R. Watt Arena, all stalls, exercise area and all meeting rooms and offices, if needed. (2) The City and Licensee acknowledge that the Charlie and Kit Moncrief Building will only be available for Licensee's 2016 and 2017 Events. vii) Stagecoach Room for catered meal events on February 15 and 17, 2017." 2. Exhibit A, 1) FACILITIES AND RENTAL DATES, Subsection c.i. FACILITY FEE is amended for the purpose of adjusting the Rental Fee for the 2017 Event from $92,000.00 to $87,000.00. Subsection c.i. is hereby amended to read as follows: "c) FACILITY FEE i) Except for Licensee's 2015, 2016 and 2017 Events, Licensee agrees to pay City an annual flat rental fee of $92,000.00 per Event for each year of the Initial Term and for each year of any Renewal Term. For Licensee's 2015 Event Licensee agrees to pay City a flat rental fee of $75,000.00. For Licensee's 2016 Event, Licensee agrees to pay City a flat rental fee of $81,000.00. For Licensee's 2017 Event, Licensee agrees to pay City a flat rental fee of $88,000.00. The rental fees set forth herein shall be referred to as the "Rental Fee." The Rental Fee shall include the following items: (1) Rental of the Facilities for the dates set forth in Exhibit A, Section 1.b. above pursuant to the terms and conditions of this Agreement. (2) Up to 500 city-owned stalls in the Facilities. If additional stalls are required, Licensee agrees to pay the rates listed below in 2.a. (3) Rental and set-up of City-owned tables, chairs, stage risers, panels, 1 roping chute, 2 tractors and implements, and sound equipment (e.g., microphones, mixer, CD player, speakers, spotlight, etc.) as required for the Event. (4) Labor to set and remove the above-listed City-owned equipment, install and remove the white wall around the Will Rogers Third Amendment to CSC 45290 2 of 3 Coliseum arena (not included for Licensee's 2015 Event) and clean-up following the Event, including any necessary dumpsters. (5) Commercial vendor spaces inside and outside of contracted Facilities. Any use of outside exhibit space must be agreed upon by Licensee and City prior to January 1 st in each licensed year. (6) Diesel fuel for City-owned tractors." 3. All terms in this Third Amendment that are capitalized but not defined shall have the meanings assigned to them in this Contract. 4. All terms and conditions of the Contract that are not expressly amended pursuant to this Third Amendment shall remain in full force and effect. 5. This Third Amendment may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment on this/ 'day of -26t6. �ZV7 CITY OF FORT WORTH NATI NA REINED COW HORSE ASSOCIATION By: '� By: _ Sus n Alanis Jay Winborn Assistant City Manager xecutive Director Approval Recommended: By: _ P>4� — Kirk'-W Slaughter Director of Public Events APPROVED ASSTTO�FORM AND LEGALITY: l � By: Tyler WaII6cF Assista�ht -ifyAttorney O� FOR 51 ATTEST•/ �'LQ h ' ' M ry Ka�/s City Se ry CAS AGREEMENT AUTHORIZATION: " ,'��'�l ��i -"w No M&C required Third Amendment to CSC 45290 3 of 3 Contract Compliance Manager: By signing I acknowledge that 1 am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name o mployce Title