Loading...
HomeMy WebLinkAboutContract 19725-A10 CITY SECRETARY �/� ,l 5 ro 7 8 g r CONTRACT N0. ts-n )v 0 Aj, RECEIVE NT TO CITY SECRETARY CONTRACT NO. 19725,AS AMENDED BY CITY e SECRETARY CONTRACT NOS. MAY -9 W 829,27471 27897 29074 33409 34457 36659 19725-A8 and 19725-A9 CITY OF FORT WORTH LEASE AGREEMENT WITH \ CITY SECRETARY SOUTHWESTERN EXPOSITION AND LIVESTOCK SHOW f_ NDMENT TO CITY SECRETARY CONTRACT NO. 19725, as previously amended ('Amendment"),is made and entered into by and between the City of Fort Worth("Lessor"),a home-rule municipal corporation,acting herein by and through its duly authorized Assistant City Manager,and Southwestern Exposition and Livestock Show("Lessee"), a nonprofit livestock and civic corporation organized under the laws of the State of Texas,acting herein by and through its Chairman of the Board of Directors and its President,said officers being authorized and instructed to execute this instrument by resolution passed by the Board of Directors of said corporation. WHEREAS,on October 30, 1984,Lessor and Southwestern Exposition and Fat Stock Show,as the lessee, entered into City Secretary Contract (CSC) No. 14071, on file in the Office of the City Secretary of Fort Worth, under the terms of which certain facilities at the Will Rogers Memorial Center were leased to the lessee for the purpose of conducting the Southwestern Exposition and Fat Stock Show; WHEREAS, on June 26, 1989, Lessor and Southwestern Exposition and Fat Stock Show, as the lessee, entered into CSC No. 17195 which amended CSC No. 14071 in its entirety to, among other things, evidence Southwestern Exposition and Fat Stock Show's name change to Southwestern Exposition and Livestock Show, change the names of certain of the leased facilities,extend the term of the lease,and add certain payment provisions; WHEREAS, on June 4, 1993, Lessor and Lessee entered into CSC No. 19725,which amended CSC No. 17195 in its entirety to,among other things,add certain real property to the leased facilities,provide funding for the cost of construction of a livestock building, extend the term of the lease, and add certain payment provisions; WHEREAS, on February 7, 1995, Lessor and Lessee entered into CSC No. 20829, amending CSC No. 19725,to provide for additional reductions in the base rental due to unanticipated cost increases in the construction of the livestock building under the terms and commitments of CSC No. 19725; WHEREAS,on January 28,2002,Lessor and Lessee entered into CSC No.27471,further amending CSC No. 19725,to release the obligation of Lessee to share revenue received from the Harley Street parking lot during the annual Stock Show and Rodeo; WHEREAS, on August 5, 2002, Lessor and Lessee entered into CSC No. 27897, further amending CSC No. 19725, to delete from the leased facilities the parking areas occupied by the National Cowgirl Museum and Hall of Fame and the areas designated for the plaza and future Cattle Raisers Museum; WHEREAS, on September 18, 2003, Lessor and Lessee entered into CSC No. 29074, further amending CSC No. 19725, to provide for a reimbursement to Lessee for the cost of repairing and replacing infrastructure improvements to the Will Rogers Coliseum Backstage Club; WHEREAS,on January 5,2006,Lessor and Lessee entered into CSC No.33409 for the purpose of leasing approximately twelve acres located at 3409 Harley Avenue for use as parking by Lessee during the annual Stock Show and Rodeo; WHEREAS, on December 28, 2006, Lessor and Lessee entered into CSC No. 34457, further amending CSC No. 19725, to delineate a hiring schedule and assistance by City staff during the Stock Show and Rodeo, to OFFICIAL RECORr) Amendment to CSC No.19725,as amended 1 of4 CITY SECRETA FT.WORTH,Tl( 3 add a provision for indemnification,and to provide for the payment of funds to Lessee for marketing and promotion of the Stock Show and Rodeo; WHEREAS,on February 22,2008,Lessor and Lessee entered into CSC No. 36659,further amending CSC No. 19725, to provide for a reimbursement to Lessee for the cost of repairing and replacing infrastructure improvements for restrooms at the Will Rogers Coliseum Backstage Club; WHEREAS, on February 22, 2012, Lessor and Lessee entered into CSC No. 19725-A8, amending CSC No. 19725 to update the Leased Premises and institute a process to address maintenance issues; WHEREAS, on December 10, 2014, Lessor and Lessee entered into CSC No. 19725-A9, amending CSC No. 19725 to (1) update the boundary and status of the Leased Premises, (2) extend the term, and (3)modify the rental structure; WHEREAS,these amendments to CSC No. 14071 are on file in the Office of the City Secretary as CSC Nos. 17195, 19725,20829,27471,27897,29074, 33409,34457,36659,and 19725-A8 (collectively,the"Lease"); WHEREAS, a vital component of rodeo competition is the specialized Priefert bucking chutes ("Chutes") that provide safe access to the livestock,and the current Chutes are worn with many repairs and patches and present a potential safety issue should the Chutes fail; WHEREAS,Lessee has committed to fund one-half of the cost of the replacement of the Chutes and Lessor will fund one-half of the cost by providing Lessee a credit to the rent for the 2017 Stock Show; WHEREAS, to accommodate the construction of the new multipurpose arena, the Leased Premises must be modified to remove certain premises known as the Harley Lot,as more particularly described herein; WHEREAS,Lessor and Lessee desire to amend the Lease(1)to provide for the rent credit for one-half of the replacement cost of the Chutes and(2)to modify the Leased Premises; NOW,THEREFORE,KNOW ALL PERSONS BY THESE PRESENTS That Lessor and Lessee in consideration of the mutual covenants and agreements contained herein, do mutually covenant and agree that the Lease is amended as follows: 1. Section 1 of the Lease titled"Leased Premises"is amended to update the current boundary of the Leased Premises as shown in the attached Exhibit "A-4." Exhibit "A-4" attached to CSC No. 19725-A9 is hereby deleted and replaced in its entirety with the Exhibit"A-4"attached hereto and incorporated herein. 2. Lessee has committed to fund one-half of the cost of the replacement of the Chutes,which total replacement cost is Twenty-Eight Thousand,Nine Hundred Ninety-One and 68/100 Dollars ($28,991.68), and Lessor will fund one-half of the total replacement cost by providing Lessee a rent credit in the amount of$14,495.84 ("Chutes Rent Credit"). The Chutes Rent Credit shall be applied to Lessee's 2017 invoice for rent. Amendment to CSC No.19725,as amended 2 of 4 t 3. All terms in this Amendment that are capitalized but not defined shall have the meanings assigned to them in the Lease. 4. All terms and conditions of the Lease that are not expressly amended pursuant to this Amendment shall remain in full force and effect. IN WvPNFSS WHEREOF,this instrument is executed in duplicate originals in Fort Worth,Tarrant County,Texas, this :-day of - ,2017. LESSOR: LESSEE: CITY OF FORT WORTH SOUTHWESTERN EXPOSITION AND LIVESTOCK SHOW By: By: S san lams Edward P.Bass Assistant City Manager Chairman of the Board By:Z�4 Bradf d S.Barnes President APPROVED AS TO FORM AND LF,GALIT By: / Leann D. Guzman Ok Sr. Assistant City Attorney ATTEST: U City ecreta XAS M&C: Dater OFFICIAL RECORD CITY SECRETARY FT.WORTHY TX 10, Amendment to CSC No.19725,as amended Exhibit A-4 m Sd H a o-..• n i m - , � , r � x 3� c Amendment to CSC No.19725,as amended 4 of 4 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/7/2017 DATE: Tuesday, March 7, 2017 REFERENCE NO.: **C-28139 LOG NAME: 25STOCKSHOWAMENDMENT17 SUBJECT: Authorize Execution of Amendment to Lease Agreement with the Southwestern Exposition and Livestock Show for Use of Will Rogers Memorial Center, City Secretary Contract No. 19725, as Previously Amended, to Revise Scope of Leased Premises and Credit the Lessee's Invoice for the 2017 or 2018 Stock Show in an Amount of$14,495.84 Which Represents One-Half of the Cost of Replacing the Specialized Priefert Bucking Chutes in the Will Rogers Memorial Center Coliseum (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize the execution of an amendment to City Secretary Contract No. 19725, as previously amended, a Lease Agreement with the Southwestern Exposition and Livestock Show for the following purposes: 1. Revising the scope of leased premises; and 2. Authorize a credit of the Lessee's invoice for the 2017 or 2018 Stock Show in the amount of $14,495.84 which represents one-half of the cost of replacing the specialized Priefert bucking chutes in the Will Rogers Memorial Center Coliseum. DISCUSSION: The City and the Southwestern Exposition and Livestock Show (SWELS) are currently parties to a Lease Agreement for the annual use of the Will Rogers Memorial Center (WRMC), which permits SWELS to occupy the entire WRMC complex during its annual event (City Secretary Contract No. 19725, as amended by City Secretary Contract Nos. 20829, 27471, 27897, 29074, 33409, 34457, 36659, 19725-A8 and 19725-A9) (Lease). Pursuant to the Lease, SWELS has a continuing interest in assisting the City in maintaining and updating the WRMC facilities. The Stock Show continues to gift improvements to the City and the City is grateful to have such a wonderful private sector partner. A vital component of a rodeo competition is the very specialized Priefert bucking chutes which provide safe access to the livestock. The current chutes are worn with many repairs and patches and present a potential safety issue should the chutes fail. The Stock Show has committed to fund one-half the cost of the bucking chutes and the City will fund one-half by providing a credit to the rent for the 2017 or 2018 Stock Show in the amount of$14,495.84. The total cost of the bucking chutes is $28,991.68. The bucking chutes are a specialized product and Priefert will provide some installation as will WRMC staff. In addition to the above-stated revision, Staff is recommending modifications to the leased premises to reflect the deletion of the Harley Lot premises for the construction of the new Multipurpose Arena. (See attached Exhibit). Logname: 25STOCKSHOWAMENDMENT17 Page 1 of 2 FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that the Public Events Department is responsible for the collection of funds due to the City under this contract and that approval of the above recommendations will result in a credit being provided to the SWELS. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Kirk Slaughter (2501) Additional Information Contact: Kirk Slaughter (2501) ATTACHMENTS 1. 2017 Exhibit A-3.pdf (Public) 2. SWELS Form1295.pdf (Public) Logname: 25STOCKSHOWAMENDMENT17 Page 2 of 2 Exhibit AgiftANi tr } y "e v r , I ' !.aiilam �5 m .up � •re � t° IZ IR iI ° t ° s Y _ 311BY lett , rl - r Eli ort, orth t Y�., P' �I-. _ '. 1 ♦i,t/ �I /rte ' - kt Contract Compliance Manager: By signing I acktio-Medge that I am the person responsible i for the monitoring and administration of this contract, including i ensuring all performance and reporting requirements. Name of Ejupt4ee �\ Title ❑ This form is N/A as No City funds are associated with this Contract Printed Name Signature C-28139 C CERTIFICATE OF INTERESTED PARTIES FORM 3.295 10f1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-161318 Southwestern Exposition&Livestock Show Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/02/2017 being filed. City of Fort Worth,Texas Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract, 19725 Amend the Stock Show agreement to modify the boundaries of the leased premises and issue a credit for 1/2 of the bucking chutes. Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. SUSAN L. MITCHELL 9' Notary Public.State of Texas _ +� = My Commission Expires August 03, 2018 Sign ure of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said L3 rAd-�d rd S. O arm,this the_ day of Eekru Q i- 2 0 20to certify which,witness my hand and seal of office. t ttsan L. ignature of officer a ministe ng oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277