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Home My WebLink AboutContract 33049 CITY SECRETARY CONTRACT NO. �' ��q STATE OF TEXAS § COUNTY OF TARRANT § AMENDMENT TO CITY SECRETARY CONTRACT NO. 19725, AS AMENDED BY CITY SECRETARY CONTRACT NOS. 20829,27471,27897 AND 29074 LEASE AGREEMENT WITH SOUTHWESTERN EXPOSITION AND LIVESTOCK SHOW This amendment to City Secretary Contract No 27471 (the "Agreement') is made and entered into by and between the City of Fort Worth, a home-rule municipal corporation situated in Tarrant and Denton Counties, Texas, acting herein by and through its duly authorized Assistant City Manager, Joe Paniagua, (hereinafter called the "Lessor"), and the Southwestern Exposition and Livestock Show, 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, (hereinafter referred to as "Lessee"), 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, the City of Fort Worth, as Lessor and the Southwestern Exposition and Fat Stock Show, as Lessee, entered into an agreement known as City Secretary Contract No.14071, on file in the Office of the City Secretary of Fort Worth under the terms of which certain facilities were leased to the Lessee for the purpose of conducting the Southwestern Exposition and Fat Stock Show; WHEREAS, after execution of the contract, the name of the Lessee changed to the Southwestern Exposition and Livestock Show and the names of certain of the leased facilities changed; WHEREAS, on June 26, 1989, the City of Fort Worth, as Lessor, and the Southwestern Exposition and Fat Stock Show, as Lessee, amended City Secretary Contract No. 14071 in its entirety to, among other things, change the name of the Lessee to Southwestern Exposition and Livestock Show, change the name of certain leased facilities, extend the term of the lease and add certain payment provisions, the same being City Secretary Contract No. 17195; WHEREAS, in 1993, the City of Fort Worth, as Lessor, and the Southwestern Exposition and Livestock Show, as Lessee, agreed to amend City Secretary Contract No. 17195 to accept a contribution by the Lessee to add certain real property adjacent to the leased facilities and to provide funding for the cost of construction of a livestock building; WHEREAS, on June 4, 1993, the City of Fort Worth, as Lessor, and the Southwestern Exposition and Livestock Show, as Lessee, amended City Secretary Contract No. 17195 in its entirety to, among other things, extend the term of the .ons et, and to add certain payment provisions, the same being City Secretary Contract N .19�1 '� •it a: 'vV�'� Ir,o S 'fU ..vj'.U11'' : WHEREAS, on February 7, 1995, the City of Fort Worth, as Lessor, and the Southwestern Exposition and Livestock Show, as Lessee, entered into that certain agreement known as City Secretary Contract No. 20829, amending City Secretary Contract 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 Contract No. 19725; WHEREAS, on February 12, 2002 the City of Fort Worth, as Lessor, and the Southwestern Exposition and Livestock Show, as Lessee, entered into that certain agreement known as City Secretary Contract No. 27471, amending City Secretary Contract No. 20829, to release the obligation of the Lessee to share revenue received from the Harley Street Parking Lot during the annual Stock Show and Rodeo; WHEREAS, on August 5, 2002, the City of Fort Worth, as Lessor, and the Southwestern Exposition and Livestock Show, as Lessee, entered into that certain agreement known as City Secretary Contract No. 27897, amending City Secretary Contract No. 20829, to delete the original parking spaces which are occupied by the National Cowgirl Museum and designated for the plaza and the future Cattle Raisers Museum; WHEREAS, on September 18, 2003, the City of Fort Worth, as Lessor, and the Southwestern Exposition and Livestock Show, as Lessee, entered into that certain agreement known as City Secretary Contract No. 29074, amending City Secretary Contract Nos. 20829, 27471 and 27897 for the purpose of reimbursing the Lessee for the cost of repairing and replacing infrastructure improvements to the Will Rogers Coliseum Backstage Club; WHEREAS, said amendments to City Secretary Contract No.14071 are on file in the Office of the City Secretary of Fort Worth as City Secretary Contract Nos. 17195, 19725, 20829, 27471, 27897 and 29704; WHEREAS, the Lessor and Lessee desire to amend said City Secretary Contract 19725 as amended by City Secretary Contract Nos. 20829, 27471, 27897 and 29074, for the purpose of leasing approximately twelve acres located at 3409 Harley Avenue for use as parking by the Lessee during the annual Stock Show and Rodeo; NOW, THEREFORE,KNOW ALL PERSONS BY THESE PRESENTS: That the Lessor and Lessee, for and in good and valuable consideration of the mutual covenants and agreements contained herein, do mutually covenant and agree that said City Secretary Contract 19725 as amended by City Secretary Contract Nos. 20829, 27471, 27897, and 29074 on file in the office of the City Secretary of the City of Fort Worth, is hereby amended as follows: 1. That City Secretary Contract No. 14071 as amended by City Secretary Contract Nos. 17195, 19725, 20829, 27471, 27897 and 29074 are hereby amended by adding a new subsection Subsection (H), in SECTION l.- LEASE OF PREMISES, and after said amendment, Section 1, Subsection (H) of City Secretary Contract No. 17195, as amended, shall read as follows: (H) Lessor shall provide to Lessee approximately twelve acres located at 3409 Harley Avenue (premises) for use as parking by the Lessee during the annual Stock Show and Rodeo. Lessee acknowledges that the premises consists of several buildings and structures, including a fuel station, and that portions of the surface property are not paved. Lessee agrees that it is taking the premises in its current "AS IS" condition, with no representations or warranties of any nature whatsoever by City. City assumes no responsibility for any property or vehicles placed on the premises or any part thereof by the Lessee or any agent, officer, employee, or invitee of the Lessee. To the extent permitted by the constitution and the laws of the State of Texas, Lessee hereby expressly releases and discharges City from any and all liability for any property damage or loss and/or personal injury, including death, arising out of or in connection with, directly or indirectly the occupancy and/or use of the premises and any and all activities conducted thereon. It is the responsibility of the Lessee to secure all the building and structures with fencing. The parking rates charges shall be the same as other parking fees charged during the Show. Lessor shall have no right to or interest in any parking fees collected by the Lessee at 3409 Harley Avenue during the Stock Show. 2. That all other terms and conditions of City Secretary Contract No. 14071, as amended by City Secretary Contract Nos. 17195, 19725, 20829, 27471, 27897, and 29074 which are not amended herein, shall remain in full force and effect throughout the term of this Agreement. _JN WITNES OF, the parties hereto have executed this Agreement this 1 day of , 2004in Fort Worth, Tarrant County, Texas. ATTEST: CITY O FO ORTH,LESSOR ` By: City Se etary teist is t City Manager Zs NO M&C RLQUIRED) r APPROVED AS TO FORM SOUTHWESTERN EXPOSITION AND LEGALITY AND LIVESTOCK SHOW,LESSEE By: By: arah Fullenwider Chairman of the Board Assistant City Attorney By: President APPROV RECOM NDED: Kirk N. Slaughter Director of Public Events i