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Home My WebLink AboutContract 26685CON RqCT Np Y (� � CITY OF FORT WORTH PUBLIC EVENTS DEPARTMENT WILL ROGER� l��EMORT_AL CENTER ONE AMON CARTER �QUARF � C)RT WOlZT�I, TE��AS 76107 LEASE A_CrREEMENT NORTH TEXAS A�ZABIAN HORSE CLUB PRO-AM CHALLENGE 2002 T�IRO�JGH 2O04 THIS 1`iGRBEMENT and �lddenduin "A" attached an� incorporated �ierein are made and entered into �his � day of ��''�.�' 2001, Uetween the CITY OF FORT WORTH, a home rule inunicipal cozporation of the �tate of Texas, located in Ta7�ant and Denton Counties, Texas, (hereiriafter referl-ed to as the "City") actin� by and through its duly attthorized Assistant City Manager�, al��i North Texas Arabian Horse Club, located at 10811 Si:one Canyon Place, Dallas, Texas 75230, (hereinafter rererred to as "Lessee,") actin� by and tlu�ough its duly authoz-ized represelltative, Dr. Mickey �boussie. ��+ �+ I��T�' l. FACII�I'�IES City agrees to rent to Lessee, for the purpose of holding the North Texas Arabian Horse Club Pro-Am Challenge, (hereinafter referred to as the "Event") the Facilities �articularly described in Addendum 1�, said Addendum being attached hereto and incorporated herein by reference. 2. TERM AND I2E1�'I'AL FEE The tei-m and the rental amount of this Agreement shall be for the time period and amount agreed upon between the parties as set forth in Addendum A. , .- - -. --- - r �;�.; � ��r(�(�� °i � _-;. � � ',i l;' '�� G��'Lti�� Ul \)V � ;'ff i� q'�;: us�—': � �; �. �. �7�, r�� ` S ��9 i`. � � ;,'' . ,�� .;��I� I�,��G�^u i r=`,� j;'1�'��! :'?�111p �� r� N� ,"'0. "u''u _ .. Page 1 .A._.�.�._m 3. PERSONNEL Lessee shall, at its expense, provide all necessary and adequately trained personnel, including, but not liinited to, ticicet-sellers, ticket-takers, ushers, floor managers, stage crews, electricians, technicians, carpenters, machine operators, and any and all other personnel necessary in trie promotion and presentation of the Nortli Texas Arabian Horse Club Pro-Am Challenge. Cit�� assiimes no responsibility for said persomlel and Lessee hereb�� expressly releases and clischarge5 Ciiy ir�n1 any and all liability for any property damage or loss and/or personal injury, ilicludizi� death, arisillg out of or in conneciion witri, directly or indirectly tlze occupan.cy and/or use of the leased Facilities and any and all activities conducted thereoii that are sustained by reasons of the occupancy of said buildings under this Agreement. �. COI�d�'�s�I�I�/�OYJ��1W�� IG��T� The City reserves all concessioil, food and beverage, novelty and souvenir rights. Any matters not hc.:rein expressly provided for shall be left to the discretion of the Director of Public Events or his designee with the exception of North Texas Arabian Horse Club a�proved cominercial exhibitors and the resale of itei7ls related to the horse industry or promotion of the North T�xas Arabian Hors Chib. Lessee must comply with City of For�t Worih and Will Rogers Memorial Center food and beverage i�equireinents arid znust contract with Ken Moore Enterprises to handle all concession services as well as alcoholic and/or soft drink beverage services. tiny org�nized reception, luncheon, party or function where food and beverages are to be consunied must be �pp�-oved by City by no less than 48 ho�.�rs prior to fiir�ction. Faih�re to do so will resuli in a$1,000 per function charge �lo Lessee. �. �.��+ �i''�'rAsl�C� O�+ �'t��'�I�+ � Lessee agrees that Lessee has examined the Facilities prior to the execution of this Agreement and is satisfied with the physical condition of the Facilities for the Event. Lessee's taking possession of tYie I'acilities for the Event shall be conclusive evidence of its receipt of the Facilities in a safe, sanitary and sightly condition and in good repair, except for those conditions that are not in good repair which the Lessee provided City written notice of and which City failed to reasonably con�ect. �+��'��U�il. G'��u(�'D _ �� i �' �"��;; G�1[� �' G��( �r �''�r'��'r�� !� ��5 Page 2 �-�__ `. __,-- � � �--�-4a=— 9-== 6. CARE OF FACILI'I'IE5 Lessee, at Lessee's own expense, shall keep the Facilities and maintain all equipment and other �roperties of City iii a safe, sanitary, sightly condition and in good repair, and shall restore and yield said racilities, equipment, and all other pro��erties belonging to the City back to City at the expiration or termination of this Agreement in good or better condition as existed at the commencement of t11is Agreeinent and in which Lessee found them, ordinary wear ancl tear (includin� dalnage by acis of Gad or other cai�ses beyond t}le colltrol of Lessee) excep�ed. Lessee will not do or permit to be done any injury or damage to any bu.ildin�s or part thereof, or permit to be done anything which will dainage or chailge the finish or appearance of the Facilities or the furnishings thereof or any other property belonging to the City Uy tlle erection or removal of equipment or any other improvements, altera.tions or additions. No decorative or other materials shall be nailed, tacl�ed, screwed or otherwise physically attached to any part of the Facilities or to aiiy of the fiir�lishings or fixtures of the City without the consent of the City Subject to ordinary wear anci tear, Lessee will pay the costs of repairin� (to its condition immediately preceding the occurreiice of such ciamage) any dalnage wliich may be done to the Facilities or any of the fixiures, fuir�ittire or furnishings by any act of Lessee or any of Lessee's employees, agents, officers, or anyone visiting the Facilities upon the invitation of the Lessee including the patrons of the attractioil or function for which Lessee hereby is leasin� the Facilities. The City sl�all determine wl�ether any dama�e has bee11 done, the amount of the d.anlage and the reasonable cosis of repairing the damage, and �vhetl�er, under fhe terms of the tlgreement, the T es�ee is responsible. City shall be ihe sole judge of tlie quality of the maintenance and/or dama�e of the leased Facilities, iurnishiiigs, fi�.ture or furnihire by the Lessee. Tn leasing the Facilities, City does not relinquish the right to control the managemenc of the Facilities, or the right to enforce all necessary and proper rules for the management and operation of the same. City, ihrough its Manager, police and fire personnel and other designated representatives, has the right at any time to enter any portion of the I'acilities (without causing or constit�iting a termination of the privilege or an interference for the possession of the Facilities by the Lessee) for any purpose, provided this shall not authorize or einpower City to direct the activities of the Lessee or assume liability for Lessee's activities. `�. �QUIPMEl�T Lessee and City understand that, depending on availability and at the discretion of the Director of Public Events or his designee, there may not be a rental charge for some CITY OWNED equipment such as chairs, stages, lights and/or sound equipment. There is a rental charge for tables used at all events except those catered. Less ��uill� b�.11�� al labor costs for set u and removal of all e ui ment. ��'�(� r'� r��% '; i:";, �l_,,� �C�� p q p _.�'��....� ,,-, _ � „� �� , ��:I;'i�u' ��`'��f�,:'(�j(%�li�1l Page 3 � r��j�I1E'� I��tir'�� i�\��. ,' ��: � D �� L�� oi�� 13. PROPERTY LOSS City assumes no responsibility for any property placed in said buildings or any part thereof by the Lessee or any agent, officer, andlor employee of the Lessee. Lessee hereby expressly releases and discharges City from any and all liability for any property damage or loss andlor personal injury, including death, arising out of or in connection with, directly or indirectly the occupancy and/oi� use oF the leased Facilities and any and all activities conducted thereon sustained by reasons of ihe occupancy of said buildiiigs under this Agreemeni. 1�. R�I��`Vt��, OF I��SO�EP�,� P�I��OI�� City retains the ri�ht to remove fi�oll-i tlie Facilities any and all such employees, agents, officers of Lessee and the right, with its officers and agents, inch�ding its police officers, to eject any objectionable person or persoils from the Facilities or any other of its facilities. In ihe event of the e�ercise of this authority, Lessee hereby waives any and all claims for damages against �he City on account of said t•emoval. 15. ��ECT�Cr�a�, City agrees to fui-nish, in the opiiiion of the City's designated manager (the Manager) of said build.ings, irom onset of usage, the necessary light and existing electrical power ior ordiilaty use including, but not limited to, heat andlor air conditionin� sufficient to make the buildings coznfortable, and water for ordinary use of the appliances installed. City shall not be responsible for accideni:s and unavoidable delays. Tn regards to Colise�zm li�hting only, Lessee and Cit�� agree as follows: a. Level 1 li�hting v�ill be usea fr�r exercise purposes; b. Leve17_ lighting ��vill be used for sho�ta purposes, c. Level 3 lightin� will be used for the final Saturday night show ONLY at no additional cost to Lessee. At Lessee's discretion Level 3 lighting may be utilized at an additional cost to Lessee of $300 per "set", set being defined as a time period of 12 consecutive hours. It is understood that the City of Fort Worth enforces the 1996 National Electrical Code to ensure the public is not exposed to electrical hazards. If extension cords are used at Will Rogers Memorial Center, Ground Fault Circuit Inten-upter (GFCI) Protection is required. These cords have a test and a reset button and have the words "GFCI protected" printed on the cord. All 120 volt extension cords shall be three-wire grounding type cords. Extension cords may not be placed through doorways. Frayed or dainaged cords may not be used� � �'^ '_��` r,� r�l�l lU��% , ;� i� l� ��,.;�fl.� _, ��,. �! 16. SEATIl�G CAPACITY (� �,��r �� ,,, ��,� �`�^ r��;�� ,�� i �� t � ��-�1��,. Lessee will not sell more tickets than the seating capacity of the Facili es a�Lt�, �ila�r�r a allowed under any federal, state, and local laws, statutes, ordinance �� pr��`�� rules and regulations of the City of Fort Worth; including all rules, regulations and/or requirements of the City of Fort Worth Police and Fire Departments. Page 4 17. EMERGENCY PERSONNEL Lessee shall be responsible, at its own cost and expense, to provide such emergency medical services at it deems necessary for its event. Any standby ambulance service must be provided by Medstar, (or the City's licensed ambulance provider), in accordance with City Code, Section 5-4. Standby ambulance service shall Ue required, at Lessee's expense, for any event which iii the opinion of City requires such service. 13. ��C�J�'�'� �"��i`Tr�1�� Lessee shall fur�iish security personiiel in such number and manner as prescribed by the Director of Public Events of the City of Fort Worth. Lessee liereby assumes sole responsibility for any and all acts or omissions by its security personnel in the perfor�nance of their responsibilities hereunder, and Lessee agrees to indemnify, hold harmless arid defend the City from any and all claims or st�its for property damage or ��ersonal injuiy rising out of, or in co�mection with such. 14. 1�OT�-SI�OY�l�� FAC�I�I7�"�' Lessee understands that Will Fcogers Mernorial Center is a NON-SMOKING FACILITY and agrees to make hourly announcements to that effect, if possiUle. 15. IN�EI�/�1`�i'�'�T Lessee covenants and agrees Yo and does hereby indemnify, hold liarmless and defend, at its ov�nl expeilse, City, its of_ficers, seivants azlcl employees, f7�oin and against any al�_d all claims or suits for propert3� loss or damage and/oa� per�sanal injuly, including death, '�o any a11d all persons, oi whatsoever kind or character, �vhether real or asserted, arising out of the work and services to be perfornled hereunder U�� Lessee, its afficers, a�ents, e�nployees, subcontractor�s, licensees or invitees, wYtetZze� Q�� :o� c��ec�, fn whole op ii� ��rf, by the alle�ed ue��i�enc� of t�ie officers, ser��an�CS, e�nployees, o� th� City; and said Lessee does hereby covenant and agree to indemnify, defend, and hold harmless the City, its officers, seivants and employees for any and all claims or suits for property loss or damage andlor personal injury, inchzding deaih, to any and all persons, of whatsoever kind or character, whetlier real or asserted, arising out of, the work and services to be performed hereunder by Lessee, its officers, agenis, employees, or subcontt�actors, whetl�er or not c�used, in whole or in part, by the alle�ed r�egli�ence of the officers, servant�, or employe�s of %he City. Lessee lilcewise covenants and agrees to, and does hereby, indemnify and hold harmless City from and against any and all injui-ies, damage, loss or destruction to property of City during the perfonnance of any of the terms and conditions of this Contract, whether arising ou� of in whole or in paric, any and all alle�ed acis or omissions of officers, or employees oi City. If more than one Lessee is named under this Agreement, the obligation of all such Lessees shall be, and is joint and several. T"-`—`....�` ��v,��G6�� r'�� G'��G'D , �-,_��, �.� � ��^ �� `�' �� G�?��;1�� Page 5 � `- p��„�.,-; �,rti� � 'Sl( U�'J�,''��=��i�o i��b�� 16. INSURANCE Prior to the time Lessee is entitled to any right of access to or use of the Facilities, Lessee shall procure, pay for and maintain the following insurance written by companies approved by the State of Texas and acceptable to City. The insurance shall be evidenced by delivery to City of executed certificates of insurance andlor certified copies of policies as determined by City. Lessee covenants and agrees to obtain and keep in force during the term of this Agreement, Comprehensive General Liability Instirance, Inchidin� Persoilal Injury Liability, Iildependent Contractors Liability and Contracival Liability covering, but not limited to, the liability assumed under the indemnificatioii provisions of this Agreement, with limits of liability for bodily injury (including death) and properly damage of not less than One Million Dollars ($1,000,000). Coverage shall be a Combined Single Limit Per Occurrence basis and the policy shall include Broad Form Property Damage Coverage with an ii�surance company satisfactoiy to City. The City of Fort V�Torth shall be named as an Additional Insured. '�'he insuraYlce policy shall include the following: 1) The term of insurance is for the duration of each Event, which includes the period from the right of access to set-up through the period allowed for removal of propei-ty; 2) The. ��olicy shall require that thirty (30) days prior to the cancellation or any material change in coverage, a notice shall be given to City by cez-tified mail; 3) Insurers shall have no right oi'recovery or subrogation against the City of Fort Worth, it being the intention that the insuz�ance policy shall protect all parties to the �.greement and Ue primary coverage for all losses covered by the policies; 4) Compar�y issuing t�ze insurance policy shall have no x�ecourse against tl�e City of Fort Woz-�h foi� payment of any pxemiums or assessments for any deductibles which all are at the soJe rislc of Lessee; « „ <<,-,• ,� S) The teims Owner , �,it�� or City of Tort Wortll shall include all authorities, Boar s, Bureaus, Commissions, Divisions, lleparYments, and Offices of the City and the individual members, employees and agents thereof in their official capacities and/or while acting on behalf of the City of Fort Worth.; and 6) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any iuture coverage, or to City's self-insured retention of whatever nature. Lessee hereby waives suUrogation rights for loss or damage against City, its officers, agents and eniployees for personal injury (including death), property damage or any other loss. Lessee shall not do or permit to Ue done anything in or upon any portion of the Facilities, or bring or keep anything therein or thereupon which will in any way conflict with the conditions of any insurance policy upon the Facilities or any part thereoi, or in any way increase the rate of fire insurance upon the Facilities or on property kept therein, or in any way obstiuct or interfere with the right of the other tenants of the Facilities, or injure or annoy them. �� _ . r.�;,:��, � , I�l, ! ��-"I��'-U'•`:: �1�= L U`'S'G�j'��U �` - Page 6 i �-'•r��1� �''r"�r''f)� e �r1,ll ''�.;`° ^ ?��i �f1�17 C C=i' ';�, ; �;; ,� The City may terminate this Agreement immediately upon the failure of the Lessee to provide acceptable documentation of insurance as required by this Agreement 17. COlVYPILIANCE WITH LAW It is agreed that Lessee will comply with all federal, state, and local laws, statutes including all ordinances, charter provisioiis, rules and regulations of the City of Fort Woi-th; including all rules, re�ulations and/or requirements of the City of Fort Worth Police and Fire Depai-tments; and ai�y and a11 requiremerits specifically made vy the City of Foii: Worth I'ire Marshal in comlection with the performances to be given hereunder. Lessee agrees to obey any otller regulations of any municipal authority of the City of Fort Worth. Lessee ��ill obtain and pay for all necessaiy permits, licenses, and taxes from any governmental agency with jurisdiction thereof and to pay lawfiil taxes on tickets used in connection with the performances hereunder. Lessee will not do or suffer to be done anything on said Facilities duriilg the terms of this lease in violation of any such laws, statutes, ordinances, rules, regulations, chai�ter provisions, directives or requirements. If the City calls the attention of Lessee to any such violation on the pari of said Lessee or any person employed by or admitted to said Facilities by Lessee, Lessee will immediately desist from and coi7ect such violation andlor vacaie the Facilities. Lessee agrees to assurrie full responsibilit�� for complying with fhe Federal Copyright Law of 1978 (17 IJ.S.C. 101, et seq.) and any Regulations issued thereunder including, but not limited to, the assumptiori of any and all responsibilities for paying royalties whicll are due for the use of copyrighted worlcs in Lessee's perfoi7l�ances or exhibitions to the copyright owner.�, or l�epresentative or said copyright owner. Le,ssee agrees to defend, indemnify and llold hanllless Cii.y, its officers, employees, and agents, for any clairz�s or dama�es arisi�ig out oi Lessee's iilfringeme�it or violatiori of the Co�yi�ight Law andlor Regulatiolls. Lessee uncierstands that tl�ey are resl�o�i�ible for securing any and all releases by artis�s/p�rformers giving pe�mission for t1�e recordings. Lessee is responsible for boil� reporting and payment of any music licensing fees that may be required by law. 1�. C�][A�'I'AI3I�E �R.GAN��ATI�I� Lessee agrees that if it is a charitable organization entitled to any imniunity or limitation of liability under the provisions of the Charitable Immunity and Liability Act of 19�7, C.P,R.C., § 84.001 et seq., or other applicable law, that Lessee hereby expressly waives its right to assert or plead defensively any such immunity or limitation of liability as against any party other than City. 19. ASSIGI�1MEl�T Lessee shall not assign this contract nor suffer any use of the Facilities other than herein specified, nor sublet the Facilities or any part th�reof without the written consent of City. If assigned per the written consent of the City, Lessee agrees to ensure that any assignee or sublessee will comply with all terms, provisions, covenants, and conditions of this contract. Assignment or subletting of this Agreement shall not relieve I>ess�e�_fYa.�an of its ��_��: �,<<,��,;� U:_��:�RD obligations under this Agreement. �> � �� .: � ��,�: `�U� Page 7 `,;��I `� N��i�,:�� !�� US Il � r�.7 nnnr� r.�r.sn n nr.,n» 20. EVENTS OF DEFAULT The following events shall be deemed to be events of default by Lessee under this Agreement: 1) Lessee fails to pay any installment of the rent when due or any other payment of reiinbuxsement to City required hereunder; 2) Lessee attempts to assign this contract without the prior written consent of City; 3) Lessee sha11 vacate any substantial portion of any building inclucied in the Facilities as described in Addenduin A ox any substantial portioil of the Facilities as described in Addendum A; 4) Lessee becomes insolvent or makes a transfer in fraud of creditors, or makes an assignment for the benefit of creditars; or 5) Lessee fails to comply witl� any term, provision or covenant of this Agreement. 21. 'T�RiO��l�AT'��I� Upon the occurrence of any such event of default of the Ag-reement, City shall have the option to termina.te this Agreement immediately. Lessee shall immediately sui-render the Facilities to City and if Lessee fails to do so, City may, without prejudice to any remedy, enter upon and ialce possession of the Facilities and remove Lessee and any otYier person who may be occupying the Facilities by force if necessary without being liable for the prosecution or any claim of damages therefore. Lessee agrees to pay to City on deinand the amount of all loss and damage which City may suffer Uy reason of such tennination. City inay, as a result of default a� described in Paragraph 17 above, and at its discretion, relet the entire Facilities or relet any building or any portior.i of any building of the Facilities that is detei7nined by the City not to be in substantia:l use by tlie Lessee and receive the rent therefore, and Lessee agrees to pay to City on demand any deficiency that may arise by reason of reletting. Lessee shall not be entitled, under any circumstances, to any excess rental fees received by City as a result of reletting and Lessee hereby waives any claim to such excess rental amounts. No pursuit of any remedy by City constitutes a forfeiture or waiver of any rent due to City or of any damages accruing to City by reason of the violation of any of the terms, provisions, and covenants herein contained. No act or thing done by City or its officers, agents or employees during the term of this Agreement shall be deemed a termination of the Agreement or an acceptance of the surrender of the Facilities, and no agreement to terminate this Agreement or accept a surrender of the Facilities shall be valid unless in writing signed by City. City's acceptance of the payment of rental or other payments after the occurrence of a default shall not be construed as waiver of such default, unless City notifies Lessee in writing. Any act by City to enforce one or more of the remedies herein provided upon an event or default shall not�be deemed or construed to constitute a waiver of such default or of City's right to enforce any such remedies with �e�p�ctt6 sA ult or � " � , �,�, � � � '' ei subsequentdefault. '�' ��' i�t�. b�r�'��1�� ,�:.:�- ;.�,::r �y �,�,9 Page 8 �l��l�'� ciil;;�� .;U�ISI�° USI( � i�,�;' M�,'r`��i{,i�,�� r�M 22. NOTICES All notices required or permitted under this Agreement may be given to a party personally or by mail, addressed to such party at the address stated below or to such other address as one pai-ty may from time to time notify the other in writing. If more than one Lessee is named i11 this contract, service of any notice on any one of the Lessees shall be deemed service on all Lessees. Any notice so given shall be deemed to have been received when deposited in the Uiiited States mail so addressed with postage prepaid: CITY: Kirk Slaughter, Director Of Public Events Will Rogers Memorial Center One Amon Carter Square Fort Worth ,Texas 76107 LESSEE: North Texas Arabian Horse Club Attn: Dr. Micicey Aboussie 10811 Stone Canyon Place Dallas,�Texas 75230 23. �OIGk; AGR�EI��I�'� This wi-itten instniment constitutes the entire Agreement by the parties hereto concerning the lease of the facilities and obligatio�is of the parties and any pz-ior or contemporaneous oral or written agreement which purl�orts to vary from the terms hereof, shall be void. It is understood and a�reed tliat the aIl the provisions of this Lease Agreeznent are applicable except where specifically modif ed Uy A ddendum A, in which case such Acldendum shall apply. 24. A.1VI]END19�I�I�'�' This Agreement cannot be modified or amended without the written consent of all the parties hereto and attached and made a part of this Agreement. 25. �UCCES50RS A1�11� ASSI�I�tS This Agreement shall be binding upon and insure to the benefit of the parties hereto and their respective heirs, executors, administratoz•s, legal representatives, successors and, except as otherwise provided in this contract, their assigns. „ _,, ._ 26. YEl�U� j ��_��ii�;;;:[li��; ��1D �._. � �; �'�,,� � �� ;; ��'n„��T �, � ;-:� ,;;�;`,; ;,-;';';�`i 1;:^^�;,}� Venue shall be in the state courts located in Tarrant Coun Te��a�s�-o��tl�.�' `:`�T�.i'�d ates District Court for the Northern Distt-ict of Texas, Fort Worth Division. Page 9 27. FORCE MAJURE If the Facilities or any portion thereof shall be destroyed or damaged by fire or other calamity so as to prevent the use of the Facilities for the purposes and during the periods specified in this contract or if the use of the Facilities by Lessee shall be prevented by act of God, strike, lockout, material or labor resh-iction by any governmental authority, civil riot, flood, or any otlier lil�e cause beyond the cont�ol of the City, then this contract shall terminate and Lessee hereUy vvaives any claim against Cit�� for damages by reason of such tei-mination except t�iat any unearned portion of the rent due hereunder shall abate, or if previously paid, shall be refunded by City to Lessee. 2�. Il�DEPEle1�E1�1T �Ol�'I'�CTORIl�� A127['1�EI��HYP The dochine of respondeat superior shall not apply as between the Lessee and City and . notl��ing contained in ihis Agreement shall be deemed to constit�zte City and Lessee as partners or joint venturers with each other, nor shall the Lessee be considered to be an agent, representative or employee of the City. Lessee shall have the exclusive control of and the ri�ht to control its employees and the details of its operation on the Facilities and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. 29. �EVERA�ILI7C'�' In case any one or more of the provisions contained in this Agreement are held to be invalid, illegal, or uiienforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this contract shall be considered as ii such invalid, illegal or unenForceable pi�ovisions were never containea herein. 30. �_Z7'�I�Oh2I�'� O�' �,��EE'� AG�I�'� By executing this Agreement, Lessee's agent affir�ns that he or she is authorized by Lessee to execute this A�reement and that all representations made herein with regard to Lessee's identity, address and legal status (coiporation, partnership, individual, etc.) are true and correct. � '�::��i��;; C/;�i! ��[��GG°�D '�;�!�i�% c;,(�,�=��,�;jrra� � l-^•11a Il Page 10 I;� �u;i:;<r> �:��r� „ ` � �'�.�,�'�'=�'�:'�1� �� EXECUTED as of the date and year first above written at Fort Worth, Tarrant County, Texas. Approved as to fornl and legality: David Yett, City Attorney By: �- �-�/� Sarah Fu .nwider Assistant City Attorney l�t� �l ��C I� �?�t l R��Y� Coiitract Authorization CITY OF FO � ORTH By: ilce Groomer Assistant Cit�� IV�lana�er Approval Recommend.ed: � Kirk N. Slaughter Director of Public Events NORTH TEX�� ARABIAN HORSE CLUB By: `y1/,�. Dr. Mickey Abo �sie Page 11 �tepresentative }__....-- _-�....��,f._..a �;;�i��r�i��!i:�� G°�1��D (�: o� `J� N�L�+�� Uu, �d US�II �_r�Cil: �i'J��.'l��e �tiJi��o ADDENI)UM A (CONTRACT NUMBER FACIVI'Y'IIES Lessor agrees to lease and provide to Lessee the following facilities at the Will Rogers Memorial Center (WP.I��IC) for the coni7acted dates listed Uelow for the years 2002., 2003 and 2004. 1. YEAR 2002 Lessor will provide the following facilities at the Will Rogers Memorial Center (WRMC) for the contracted dates listed below for the year 2002: (A) April 26-27, 2002 � If the Coliseum is availaUle, Lessee may pay the move-in rate of $500.00 per day in order for Lessee (or any vendor approved by Lessor) to Uring shavings into the Coliseunl. (B) Apri12"7, 2002. � If the offices are available, Lessee may move into ihe offices in the Burnett and/or Richardson-Bass Building. Lessor and Lessee agree that Lessee will not be required to pay any additional fees in order to move-into the offices on this date. (C} April 28-30, 2002 - Move in and exercise � Will Rogers Coliseum � John Justin Arena � W. R. Watt Arena (D) April 28, 2002 - Move in horses or livestock beginning at 8:00 a.m ti Charlie & Kit Moncrief Building Stall Area � Burnett Building � Richardson-Bass Building (E) May 1- May 5, 2002- Show Dates — � All Facilities listed in 1(A) through 1(D) (F) May 6, 2002 - Move Out - Completed by Noon - � All Facilities listed in 1(A) through 1(D) (G) Lessee must notify City in writing of their intent to e�ercise any option to lease said facilities no less than eighteen (18) months prior to the first move-in date in the year of show to be contracted. � ��G��(i�� 'r�cuC�D ,.. Page 1 �� ir �rl�tc U�,�' I r�' US II �^�� t�,C��'�G�, �iC��d 2. YEAR 2003 Lessor will provide the following facilities at the Will Rogers Memorial Center (WRMC) for the contracted dates listed below for the year 2003: (A) April 25-26, 2003 � If the Coliseum is available, Lessee may pay the move-in rate of $500.00 per day in order for the Lessee (or any vendor approved by Lessor) to bring shavings into the Coliseuin. (B) Apri126, 2003 � If the offices are available, Lessee may move into the offices in the Burnett and/or Richardson-Bass Building. Lessor and Lessee agree that Lessee will not be required to pay any additional fees in order to move-into the offices on this nate. (C) Apri127-29, 2003 - Move in and exercise � Will Rogers Coliseum � Jolm Justizi Arena � W. R. Wait Arena (D) April 27, 2003 - Move in horses or livestocic beginning at 8:00 a.m. � Charlie & Kit Moncrief Building Stall Area � Burnett Building � Richardson-Bass Building (E) April 30 - May �, 2.003- Show Da.tes — � All Facilities li5ted in 2(A) through 2(D) (F) May 5, 2003 �- Move Out - Completed by Noon - � All Facilities lisfed in 2(A) through 2(D) (G) Lessee must notify City in ��vriting of their intent to exercise any option to lease said facilities no less tllan eighteen (18) months prior to the first move-in date in the year of show to be contracted. 3. YEAR 2004 Lessor will provide the following facilities at the Will Rogers Memorial Center (WRMC) for the contracted dates listed below for the year 2004: (A) Api-i123-24, 200� � If the Coliseum is available, Lessee may pay the move-in rate of $500.00 per day in order for Lessee (or any vendor approved by Lessor) to bring shavings into the Coliseum. , _ _ _. ._�__ _ ; ;-�`-�,�i�;:��%�'� �'��R� � �n` , � Page2 � �i,��,� r�L,�^I-C,Uin1USII ,, �.: u� U� cl r' 1,1,.� � ��'�j� ci�jU � M � G�I, f I'',j'i�, (: u In�� If ��1,�\. (B) April 24, 2004 ■ If offices are available, Lessee may move in offices in Burnett and/or Richardson-Bass Building. Lessor and Lessee agree that Lessee will not be required to pay any additional fees in order to move-into the offices on this date. (C) Apri125-2,7, 2004 - Move in and exercise � Will Rogers Coliseum � John Justin Arena � W. R. Watt Arena (D) April 25, 2004 - Move in horses or livestock beginning at 8:00 a.m. � Charlie & Kit Moncrief Buildin� Stall Area e Burnett F3uilding a Richardson-Bass Building (E) Apri128 - May 2, 2004- Show Dates — � All Facilities listed iri 3(A) through 3(D) (F) May 3, 2004 - Move Out - Completed by Noon - � All Facilities listed in 3(A) through 3(D) (G) Lessee must notify City in writing of their intent to exercise any option to lease said facilities no less than eighteen (18) months prior ta the first move-in date in the year of shovv to be contracted. �. YEARS ?.005 AND 2.006 � Lessee may e�:ercise the option to lease the exact same facilities listed in 1, 2, and 3 (to include the exact same number of stalls, pens, arenas, and any other ancillaty facilities listed iYi the Rate Schedule) and in the years 2005 and 2006 during dates nnitually agreed upon between the Lessor and Lessee. Any reduction or addition to the number of facilities in this Addendum for the years 2005 and 2006 must be mutually agreed upon between Lessee and Lessor. a Lessee must notify Lessor in writing of their intent to exercise any option to lease said facilities no less than eighteen (1S) months prior to the first move-in date in the year of show to be contracted. Rr�TE �CH[EDIULE For rental of the facilities and setvices used pursuant to this Agreement for the years 2002, 2003 and 2004, Lessor agrees to lease and Lessee agrees to pay the rates for use of the facilities at the Will Rogers Memorial Center (WRMC) for the contracted dates listed below as follows: , _�.____.^.�.,_..� _�. - s ,,=.�;��,�� ,:�� G,�r�o Page 3 ; ^,1 � � ~ �' a ; ��: �i �� (��:: G�� ,1Q`� r �,;:. I ��; ��,: �;,��:� 5��r 1. YEARS 2002, 2003 AND 2004 a. Will Rogers Coliseum �$500 - Per Move In or Move Out Day (No heat or air) �$900 - Per Exercise Day (12 hours cliinate cont-rolled) �$1,500 - Per Show Day (All show hours climate controlled) b. John Justin Arena �$250 - Per Move In or Move Out Day(No heat or air) �$500 �- Per Exercise Day (12, hours climate conholled) �$800 - Per Show Day (All show hours climate controlled) c. Watt Arena �$250 - Per Move In or Move Out Day (No heat or aii�) p$500 - Per Exercise Day (12 hours climate controlled) ■$1,000 - Per Show Day (All show hours climate controlled) d. Brown-Lupton Exhibit Area e$100 - Per Move Iii or Move Out Day(No heat or air) �$300 - Per Show Day (All show hours climate controlled) e. Richardsoil-Bass Cattle Pen Area �$2.5 - Per pen used. Any excessive clean-up will be invoiced to Lessee. f. Burnett Building and Richardson-Bass Building Stalls �$30 Per stall used in 2002 �$35 Per stall used in 2003 and ?00�. � Lessee shall guarantec relital of a minimum of 420 pe7-�nanent stalls in $uiilett and Richardson-Bass Buildings. �'A here will b� �$15.00 per sta�l per day early i�ove-in fee fox• each �tall occupi�d prior to �:OU a.m. on the �unday prior to ihe f�rst show da3� in e�ch respective year contracied. g. Charlie 8: Kit Moncrief Building Stall Area � Lessee will not be charged a rental fee for use of Stall Area. a Lessee shall guarantee i-ental of a minimum of 131 portable stalls in the Charlie & Kit Moncrief Building Stall Area. �'I'here will be a$15.00 per stall per day early move-in fee for each stall occupied prior to 5:00 a.m. on the Sunday prior to tbe frst show day in each respective year contracted. h. Portable Stalls � Lessee will rent portable stalls directly from Lessor approved vendor. ■ Lessee will pay for each portable stall ordered whether used or unused at the cuirent contracted rate. �� , � ;:;yi��;�� 0�':f' �'��f�D � Page 4 p; i 1�� NC �t �1 c� ia US If i ��i : �J Ir,r, r�i:.: i-„CriU� U��,[N _ IV�,:;� '}i ,'; ;; f� 5 �' , c,' ,:,, � � e i. Clean-up at conclusion of show ■ Lessee will be invoiced for labor, material and dumpsters necessary to facilitate cleanup of Charlie & Kit Moncrief Building Stall Area upon conclusion of show. ■ All fees must be paid prior to June lst following the conclusion of each show contracted. 2. YEARS 2005 AND 2006 a. Burnett Building and Richardson-Bass Building Stalls ■$40 Per stall used in 2005 (If option to extend show is exercised.) ■$40 Per stall used in 2006. (If option to extend show is exercised.) ■ Lessor has option to increase required minimum number of permanent stalls rented by Lessee in years 2005 and 2006. ■ There will be a$15.00 per stall per day early move-in fee for each stall occupied prior to 8:00 a.m. on the Sunday prior to the first show day in each respective year contracted. b. Portable Stalls ■ Lessee will rent portable stalls directly from any Lessor approved vendor. ■ Lessee will pay for each portable stall ordered whether used or unused at the current contracted rate c. Clean-up at conclusion of show ■ Lessee will be invoiced for labor, material and dumpsters necessary to facilitate cleanup of the Charlie & Kit Moncrief Building Stall Area upon conclusion of show. ■ All fees must be paid prior to June lst following the conclusion of each show contracted. d. Nothing in this Agreement shall prohibit or restrict the Lessor from establishing new rental rates for the Will Rogers Memorial Center in subsequent years beyond 2004. e. Lessor agrees not to increase the current building rental rates as listed in this Addendum by more than 25% in year 2005 or 2006. 3. In order to establish actual rental fees for each facility, Lessee will submit to City in writing their confirmation of intent to lease the facilities and their intended use of each facility (i.e. move-in, show, etc.) over the contracted dates no later than March 1 st of each respective contract year. Lessee understands that the lease will be for the exact same number of facilities listed in Addendum A and the Lessee's written confirmation is solely for the purpose of establishing the Lessee's intent to lease the facilities and to establish the use and respective rental fees of each facility. Any reduction or addition to the number of facilities listed in Addendum A must be mutually agreed upon between the Lessor and-��ss�e.-� -_� � ,:�'. ��!'<;0!�(� �1��u�U Page 5 i �'; r��U� �L;� ��1�11;�n�UaU � f " � ,? n�,��,�a; r3j',l i'!� i I"�;, ��r}''�`!':,-,1!liy, q! � p . � 4. City agrees to discount the total rental only in the amount of 10% for the term of this Agreement. This discount will not be applied to any stall rentals. S. If equipinent is available, Lessor will provide to Lessee equipment (i.e. chairs, tables, stages, spotlights, sound equipment, aiid the like) owned by the Lessor at no rental charge to Lessee. Any decision to charge for equipmenf shall be at the discretion of the Director of Public Events or his designee. Lessee will be billed actual labor costs for setup and removal of any equipment owned by Lessor and used by Lessee. All fees must be paid prior to June 1St following the conclusion of each show contracted. 6, Unless othervvise agreed to in writing between the Lessor and Lessee, all fees must be paid pi�ior to June 1 St following the conclusion of each show contracted. �A�El�dT SCHE�IULE 1. YEAR 2002 Payment schedule for the year 2002 shall Ue as follows: a. Lessee shall pay a$5,000 rental deposit by March 1, 200?. b. Lessee shall pay balance of facility rental fees by Apri122, 2002. c. Lessee shall pay in full any remaining balance prior io June 1, 2002. 2. YEARS 2003, 2004 (and if ap�licable 2005 and 2006): a. Lessee shall pay a$5,000 partial rental payment by March lst of each contracted year. b. Lessee shall pay balance of facility rental fees owed by no later than ten (10) days prior to first date contracted for show. c. Lessee shall pay in full any remaining balance prior to June 1 st following conclusion of each show contracted. SECiJI�IIT�' 1. Off-duty police are required at Lessee's expense. The number of officers and number of hours worked are to be negotiated by the Nortll Texas Arabian Horse Club and the Fort Worth Police Department with final approval from the Director of Public Events or his designee by not later than ten (10) days prior to first move in date of each year contracted. ` � _,'! l '�'.r i� � �� °��C � �n�� ':� 0 U 11�i� N�{[-',«_� !`� �; d a� Page 6 i ,�;� �4�;". ,i,.4;�'i?�p ��c�1. i �a;rr�,.. ��-,. �� . ....,...�. ___.__...... 2. North Texas Arabian Horse Club will pay the entire off-duty police invoice by individual checks and deliver to the supervisor in charge by no later than 5:00 p.m. on Monday following the conclusion of each show contracted. A copy of the invoice will be submitted to WRMC. Any amount exceeding $9,000 in contract years 2002, 2003 and 2004 will be deducted from the f nal invoice ttp 1:o a maximum of $6,000 per contracted year. All fees must be paid prior to June lst following the conclusion of each show contracted. 3. This Agreeinent applies to the cost of off-duty police used for t�affic control only during the following dates: Apri128 - May 6, 2002 April 27 - May 5, 2003 April ? 5- May 3, 2004 4. Aiiy traffic control required due to "early move-in" (prior to 8:00 am. on Sunday before each first show date contracted) will be at the sole expense of Lessee. ADDIT'I�I'�AL �L�ASE 'I'�Rl!'I� 1. SHAVINGS Lessor retains exclusive rights for the sale of all shavings at the prevailing rate. Shavings may not be brought onto show grounds Uy Lessee or any pai-ticipants except as follows: a. Lessee may provide bulk shavings for the Coliseum, John Justin Arena ancl/or W. R. V�Iatt Arena at their sole cost and at no expense to Lessor. Lessee further agrees to pay for the installation, removal and disposal costs of all bulk shavings placed iri any arena areas by Lessee or any Lessor approved vendor. b. Lessee or any Lessor approved vendor may provide shavings for any arena. No shavings shall be provided by Lessee or any participant for stalls or any other areas. c. Lessee and/or any exhibitor who brings shavings into show grounds or facilities without the written consent of Lessor or in direct conflict with the exclusive rights of Lessor; will be fined $2.50 per bag of shavings based on the equivalent of a 3'/2 cubic foot bag. The fine amount will be in sole discretion of the Director of Public Events or his designee. All fees must be paid prior to June 1 St following the conclusion of each show contracted. ' :;��i��UO�� G�C��°D +V.�� S� �,�c:��^, U��i( � �`�' ��;, ':'��li� ��l�in�a Page 7 `� +'�.�d;��,.�:,,. `� t_..�.. �_... 2. BASE DIRT Lessee will pay Lessor $1,500 for use of base dirt in the Coliseum for each year contracted. All fees must be paid prior to June lst following the conclusion of each show contracted. 3. COMMERCIAL EXHIBITOR/VENDOR SPACE Lessee will be invoiced $35.00 per designated inside commercial exhibitor/vendor space and $100.00 per desigiiated otrtside commercial exhibitor/vendor space for use by approved commercial exhibitors. This fee does not apply to commercial exhibitors located in a designated "exhibits hall/facility" rented by Lessee for use Uy commercial exhibitors/vendors. Lessor will not provide any tables and/or chairs for use by cominercial exhibitor/vendor space. All fees must be paid prior to June 1S� following the conclusion of each show contracted. 4. CLEtiN-UP � Lessor will clean arenas and Coliseum once daily prior to start of each show date contracted. � Labor required for dirt work/watering will be invoiced to Lessee at the prevailing hourly rate. All fees must be paid prior to June lst following the conclusion of each sl�ow contracted. � Lessor will clean the maili aisles of cont�actied livestock facilities daily. 5. �OUND Si'STEM � There is no charge to Lessee For use of fhe existing sound system owned by Lessor. a Lessee will be invoiced the prevailing rate at the discreiion of the Director of Public Events for a WRMC stagehand to set up, monitor and secure sound equipment daily when it is needed for show activity. All fees must be paid prior to June lst following tlle conclusion of_ each show contracted. a In the event Lessor is unable to furnish additional WRMC stagehands to work events that use staging, lights or arnplified sound, Lessee must use IATSE Local 126 Union Stagehands. Prior to the use of any union labor, a representative from Lessee will be consulted as to the number of hours and rate per hour. � Lessor will provide barn paging as required in contracted areas. ;_� � ��;�,��J��"i� �� '��'tif ��L!"U�� %° G��l � �� `;(,�,.':��:'`;�r�� rlSWo Page 8 �: .,`"�,..>';,:. `��'n 6. TRAILERlRV PARKING ■ Lessee may use any available space for trailer parking as designated by the Director of Public Events or his designee at no charge to Lessee. � At the discretion of the Director of Public Events or his designee, RV spaces will be provided as available and will be invoiced to Lessee ancUor Lessee's exhibitors at the prevailing rate. All fees must be paid prior to June lsr following the conclusion of each show contracted. 7. ADDITIONAL TERMS � Any matters that are not herein expressly provided for, including, but not limited to, specific show dates and rental fees for the years 2005 and 2006, shall be left to negotiation between the Director of Public Events or his designee and the Presideni of the North Texas Arabian Horse Club or his desip,nated representative. a The illuminated sign above the clock in the Coliseum shall remain lighted and visible at all times during the term of this Lease Agreement. � All payments shall be made prior to June lst following the conclusion of each show contracted, payable to the City of Fort Worth at office of the Director of . Pubic Events or his designee at the Will Rogers Memoi7al Center. 8. AMENDMENTS Lessee and Lessor agree to promptly e�ecute an amendment(s) to this Lease in order to spell out any additional terms agreed to between the Lessor� and Lessee. Failure of the Lessor and/or Lessee to execute such Amendment t�pon request shall be considered an ec�ent of default and tliis Lease may be terminated at the optior� of the requesting paz-ty. No amendment or additional te1-�ns 5h�11 be effective unless it is in �vritin� aYld signed by both p�rties hereto after the effective date of this agreement. �� OC�OQ� G��C��D C��V ��r°C��°�G�� nn,;A,��t Page 9 ,a �`r'��:!i�c,��& ��e =. . �—o..� EXECUTED as of the date and year first above written at Fort Worth, Tarrant County, Texas. ATT ST: - — �� , , � �� '�� . city , ary� - i��0 / � Approved as to form and legality: David Yett, City Attoi�ey By: � `P�. Sarah ul nwider Assistant City Attorney �r�'��C'� �'��.� r2�� Contract Authorization CIT OF �RT bRTH � � Mi Groomer Assistant City Manager Approval Recommended: Kirk N. Slaughter Director of Public Events NORTH TEXAS ARABIAN HORSE CLUB By: �� Dr. Mickey Ab sie Page 10 Representative i��0�� c'C��D �:�� I�r c,��,�G�1�� r ;? ��;,��:;; .�,:n �; r�,� �>._. �I .__.,� _._�J,`'�F,�,aS[s��o_