Loading...
HomeMy WebLinkAboutContract 47449-A1 CITY SECRETARY CT T ARY I qjj FORT WORTH ' PUBLIC EVENTS DEPARTMENT/WILL ROGERS MEMORIAL CENTER 3401 WEST LANCASTER AVENUE, FORT WORTH, TEXAS 76107 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 47449 A LICENSE AGREEMENT WITH THE AMERICAN MINIATURE HORSE ASSOCIATION, INC. This First Amendment to Fort Worth City Secretary Contract Number 47449 ("First Amendment") is made and entered into this day of_ _' ' ! ` 2017, between the City of Fort Worth ("City"), a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and The American Miniature Horse Association, Inc. ("Licensee"), a Texas non-profit corporation, acting by and through its duly authorized representative. WHEREAS, on or about January 27, 2016, City and Licensee entered into City Secretary Contract Number 47449 for the purpose of holding the AMHA World Championship Show ("Event") at certain facilities in the Will Rogers Memorial Center("Agreement"); WHEREAS, the initial term of the Agreement includes the 2017 Event, with separate renewal options for the 2018 Event and 2019 Event; WHEREAS, the parties desire to include the 2018 Event within the initial term of the Agreement and add a renewal option for the 2020 Event; and WHEREAS, the parties also desire to (1) remove the Richardson-Bass Building and Equestrian Multi- purpose Building from the list of Facilities; (2) add the Will Rogers Coliseum, Burnett Building, and the Show Arena to the list of Facilities; and (3) amend the Rental Fee to account for the revised list of Facilities. 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 Agreement is hereby amended as follows: 1. Exhibit A, 1) FACILITIES AND RENTAL DATES and 2) RENTAL RATE SCHEDULE, shall be amended to 1) remove the Richard-Bass Building and Equestrian Multi-purpose Building from the list of Facilities; (2) add the Will Rogers Coliseum, Burnett Building, and the Show Arena to the list of Facilities; (3) add 2018 to the initial term; (4) add a renewal option for the 2020 Event; and (4) amend the Rental Fee to account for the revised list of Facilities. Exhibit A, 1) FACILITIES AND RENTAL DATES and 2) RENTAL RATE SCHEDULE, shall read as follows.- 111) ollows:"1) FACILITIES AND RENTAL DATES a) City agrees to license and provide to Licensee the following facilities at the WRMC (collectively, the "Facilities" or "Facility") as needed and available for the Event on the contracted dates listed in Section 1.b. and at the facility rental rates set forth in Section 2 of this Exhibit A. i) Will Rogers Coliseum (including base dirt) ii) Burnett Building (1) Includes all stalls, vet clinic, office area, exercise area, and cattle pens, if needed iii) Charlie and Kit Moncrief Building (available for the 2017 Event only) (1) Includes all stalls and exercise area (except on dates when the W.R. Watt Arena is booked by another client) iv) Show Arena OFFICIAL RECORD CITY SECRETARY First Amendment for CSC 47449of4 ►�?.WORTH,TX V) Cattle Barns 2, 3 and 4 — Use of these facilities is limited to stall rentals on a per stall basis b) YEARS 2017 AND 2018("Initial Term") i) 2017 (1) August 21: Staff move in to office areas, arenas, and commercial exhibit areas only at no charge (2) August 22-23: Move in and exercise beginning at 8:00 a.m. (a) Any livestock arriving on show grounds prior to 8:00 a.m., Tuesday, August 22, 2017 will be considered early arrivals. (3) August 24-September 2: Show Dates (4) September 3: Move out must be completed by 12:00 a.m. ii) 2018 (1) August 20: Staff move in to office areas, arenas, and commercial exhibit areas only at no charge (2) August 21-22: Move in and exercise beginning at 8:00 a.m. (a) Any livestock arriving on show grounds prior to 8:00 a.m., Tuesday, August 21, 2018 will be considered early arrivals. (3) August 23—September 1: Show Dates (4) September 2: Move out must be completed by 12:00 a.m. iii) SHOW DATES BEYOND 2018 ("RENEWAL TERMS)") (1) Licensee shall have the option to renew this Agreement for the Event for two additional renewal periods on the same terms and conditions. (a) 2019 Renewal—The first option to renew must be exercised in writing by Licensee within sixty (60) calendar days after the conclusion of its 2017 Event. (b) 2020 Renewal - The second option to renew must be exercised in writing by Licensee within sixty(60) calendar days after the conclusion of its 2018 Event. (c) Licensee shall only be permitted to exercise consecutive renewal options. (d) A Renewal Term may only be exercised if no default on the part of the Licensee has occurred and is continuing under any provision of this Agreement. (2) 2019 (a) August 19_Staff move in to office areas, arenas, and commercial exhibit areas only at no charge (b) August 20-21: Move in and exercise beginning at 8:00 a.m. (i) Any livestock arriving on show grounds prior to 8:00 a.m., Tuesday, August 20, 2019 will be considered early arrivals. (c) August 22—31: Show Dates (d) September 1: Move out must be completed by 12:00 a.m. (3) 2020 (a) August 24_Staff move in to office areas, arenas, and commercial exhibit areas only at no charge (b) August 25-26: Move in and exercise beginning at 8:00 a.m. (i) Any livestock arriving on show grounds prior to 8:00 a.m., Tuesday, August 25, 2020 will be considered early arrivals. (c) August 27—September 5: Show Dates (d) September 6: Move out must be completed by 12:00 a.m. 2) RENTAL RATE SCHEDULE a) In consideration for the right to use the Facilities, including, but not limited to, any stalls associated therewith, Licensee agrees to pay the rental rates set forth below for the Initial Term and any Renewal Term (collectively, "Rental Rates"): i) Will Rogers Coliseum (1) $500-Per Move In or Move Out Day (2) $1,000- Per Exercise Day(12 hours climate controlled) First Amendment for CSC 47449 2 o1`4 (3) $2,000- Per Show Day(All show hours climate controlled) ii) Burnett Building (1) Burnett Stalls (a) $50- Per stall used (b) There will be a$25.00 per day fee charged per stall occupied prior to 8:00 a.m. on the first move-in day or after midnight on the move- out day in each year contracted. (2) Burnett Cattle Pens (a) $150 Per Move In or Move Out Day (b) $350 Per Show Day iii) Charlie and Kit Moncrief Building (1) Moncrief Stalls (a) $50- Per stall used (b) There will be a $25.00 per day fee charged per stall occupied prior to 8:00 a.m. on the first move-in day or after midnight on the move- out day in each year contracted. (2) W. R. Watt Arena (a) $750-Per Move In or Move Out Day (b) $750- Per Exercise Day(12 hours climate controlled) (c) $1,500- Per Show Day(All show hours climate controlled) iv) Cattle Barn 2, 3, and 4 Stalls (1) $50- Per stall used (2) There will be a $25.00 per day fee charged per stall occupied prior to 8:00 a.m. on the first move-in day or after midnight on the move-out day in each year contracted. V) Show Arena (1) $100- Per Move In or Move Out Day (2) $300—Per Show Day vi) Round Up Inn (1) $500-Per Move In or Move Out Day (2) $1,000—Per Show Day vii) On or before February 1 of each year of the Initial Term and any Renewal Term of this Agreement, Licensee shall provide the Director of the Public Events Department or that person's designee ("Director") a full and detailed outline, in writing, of the Facilities that Licensee desires to use for its upcoming Event, along with the proposed use of each such Facility (i.e. move-in, show, and the like) and any other information required by the Director concerning the Event ("Event Plan"). The parties may amend the Event Plan after the February 1 deadline upon mutual written agreement. The Event Plan, and any amendment thereto, is subject to written approval by the Director. viii) The City will apply the Rental Rates against the information contained within the Event Plan to calculate the rental fee due to the City for the Licensee's use of the Facilities for the applicable Event ("Rental Fee"). Licensee shall pay any such Rental Fee in accordance with the terms of this Agreement. ix) The parties may amend this Agreement, in writing, to add additional dates or City facilities at agreed upon rental rates if Licensee requires the use of such for its Event. Any such additional facilities shall be included in the definition of Facility or Facilities and be subject to the terms and conditions of this Agreement. The City does not guarantee any availability for additional dates or facilities. X) All events must end by midnight unless otherwise stated on the License Agreement and insurance certificate. City will invoice the Licensee at a rate of$200.00 per hour for any additional hour (or portion thereof) in which Licensee occupies space rented for show and/or Event activities between the hours of 12:00 midnight and 7:00 a.m." 2. All terms in this First Amendment that are capitalized but not defined shall have the meanings assigned to them in this Agreement. First Amendment for CSC 47449 3 of 4 3. All terms and conditions of the Agreement that are not expressly amended pursuant to this First Amendment shall remain in full force and effect. 4. This First 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. EXECUTED as of the date and year first above written in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH THE AMERICAN MINIATURE HORSE ASSOCIATION, INC. By: By: Su an Alanis Jo&Kahre Aistant City Manager President Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administrattn of this contract, including ensuring all performance a?d.reorting requirements. Name f Employee Title Approval Recommended: By: Kirk N. Slaughter Director of Public Events APPROVED AS TO FORM AND LEGALITY: By: Tyler F. Wallach Assistant ityAttorney F� �- �. �pF .. .R ATTEST: U * :2 Mary Kayser City Secretary �AS AGREEMENT AUTHORIZATION: _. OFFICIAL RECORD No M&C required CITY SECRETARY FT.WORTH9 TX First Amendment for CSC 47449 4 of4