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HomeMy WebLinkAboutContract 36118-A2 CITY SECRETARY CONTRACT NO._3W SECOND AMENDMENT TO THE SECOND RENEWAL OF CITY SECRETARY CONTRACT NO. 27542 LICENSE AGREEMENT FOR THE MAINTENANCE AND OPERATION OF COWTOWN COLISEUM STATE OF TEXAS } } COUNTY OF TARRANT } On December C:�`4 2010 ("Effective Date"), this AMENDED AGREEMENT is made and entered by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas located within Tarrant, Denton, Parker, and Wise Counties, Texas (hereinafter referred to as "City") acting by and through its duly authorized Assistant City Manager, and RODEO PLAZA, INC. (hereinafter referred to as "RPI") acting by and through Donald Jury, its duly authorized CFO. WHEREAS, on February 12, 2002, the City Council, via M&C C-18960, authorized the City Manager to execute a five-year agreement styled as City Contract No. ("CSC') 27542 with RPI to use, manage and operate the Cowtown Coliseum, the adjoining "run-out" area, the adjacent outside arena, bleachers and the central power plant located at 122-133 East Exchange Ave; and, WHEREAS, CSC No. 27542 between the City and RPI provided for a five-year primary term beginning October 1, 2001 with five (5) consecutive one (1) year renewal options thereafter; and, WHEREAS, on February 6, 2007, the City Council, via M&C C-21956, authorized the City Manager to execute the first extension to CSC No. 27542 with Rodeo Plaza for an additional term of one (1) year commencing on October 6, 2006 and expiring on September 30, 2007 via CSC No. 35048; CSC Nos. 27542 and 35048 are hereinafter collectively referred to as the "Agreement;" and, WHEREAS, on October 16, 2007, the City Council, via M&C C-22455r authorized tj-- OFFICIAL RCITY SECRSECOND AMENDMENT TO THE SECOND RENEWAL OF CITY SECRETARY CONTRACT N .2*:DWORT LICENSE AGREEMENT Pagel of 6 City Manager to execute the second extension to CSC No. 27542 with RPI to amend the term and the amount to be paid under the Agreement for an additional ten (10) years commencing on October 1, 2007 and ending on September 30, 2017 with two five (5) year renewal options thereafter via CSC Nos. 27542, 35048 and 36118; and, WHEREAS, on October 20, 2009, Stockyards 2000, L.P., the owner of Billy Bob's Texas and RPI, purchased approximately 16,698 square feet of City property located adjacent to and south of Billy Bob's Texas and north of the Ride Out Arena and the covered area of Cowtown Coliseum in order to expand the stage of the entertainment venue; and, WHEREAS, on November 19, 2009, the parties amended the license of the premises located at 122-133 East Exchange Avenue, Fort Worth, Tarrant County, Texas to reflect the removal of the 16,698 square feet of City property described in the preceding paragraph (CSC No. 36118-A1); and WHEREAS, the City also owns a 1.48 acre tract of land, as more particularly described in the attached Exhibit A-1 ("Rodeo Plaza Property"), which is incorporated herein for all purposes. The Rodeo Plaza Property is adjacent to the 122-133 East Exchange Avenue property which is known more commonly as the Cowtown Coliseum. The City desires to use the Rodeo Plaza Property for events to promote economic development and for the presentation of events (including entertainment, social, cultural, sporting, rodeo, livestock, and like events); WHEREAS, the City and RPI mutually desire to amend the Agreement to include the Rodeo Plaza Property described in the preceding paragraph; and WHEREAS, the City and RPI mutually desire to allow RPI to manage, maintain and administer the Rodeo Plaza Property through a interim/pilot program, from the Effective Date of this Amendment until six months past the Effective Date of this Amendment, in accordance with the terms and conditions of CSC Nos. 27542, 35048, 36118 and 36118-A1 and all amendments, including this Amendment; and WHEREAS, the City agrees to provide waste removal services, landscape maintenance, SECOND AMENDMENT TO THE SECOND RENEWAL OF CITY SECRETARY CONTRACT NO.27542 LICENSE AGREEMENT Page 2 of 6 and street light replacement and maintenance, and gate opening mechanism maintenance; and WHEREAS, the City by and through its contractor, the Arts Council of Fort Worth and Tarrant County, Inc., which manages the City's Fort Worth Art Program ("FWPA"), agrees to maintain the sculptural public art components; and NOW, THEREFORE, City and RPI hereby mutually agree to amend the Agreement as follows: SECTION I LICENSED PROPERTY DESCRIPTION Article 1. License of the Premises; Purposes In consideration of the mutual covenants and agreements set forth herein, the portion of the License describing the property to be leased is hereby amended to be and read as follows: Attached Exhibit "A-1" ("Rodeo Plaza Property") is hereby added to the License and is incorporated herein for all purposes. Exhibit "A" ("Cowtown Coliseum"), which is attached to this Agreement for reference purposes, shows that Licensed property that was amended in CSC 36118. The Properties from Exhibit "A" and "A-V are marked with a solid black line. SECTION II PILOT PROGRAM TERM FOR STOCKYARDS AT RODEO PLAZA PROPERTY This Agreement will become effective as of the date that the City and RPI have executed this Agreement ("Effective Date") and continue for a period of six months. The pilot program term only applies to the Rodeo Plaza Property. SECTION III CITY PILOT OBLIGATIONS FOR STOCKYARDS AT RODEO PLAZA PROPERTY The City shall perform the following for the Stockyards at the Rodeo Plaza Property: 1. Landscaping. The City will provide: tree and shrub maintenance consisting of fertilizing, inspection, pruning, treatment of wounds, disease control, and insect SECOND AMENDMENT TO THE SECOND RENEWAL OF CITY SECRETARY CONTRACT NO.27542 LICENSE AGREEMENT Page 3 of 6 control two times per year. 2. Ground Maintenance. The City shall provide trash removal from the Rodeo Plaza Property once per week by emptying the trash can inserts. 3. Street Lamp Maintenance. The City will maintain and replace damaged or burned out street light bulbs. The City will also pay for electrical and lighting repairs. 4. Gate Mechanism Maintenance and Repairs. The city will maintain the gate opening mechanism at the north entrance of the Rodeo Plaza Property. The City will also pay for gate opening mechanism repairs. 5. Public Artwork Maintenance and Repairs. The City will maintain and conserve sculptural public art components listed in Exhibit "B" attached hereto for reference purposes only. SECTION IV RPI PILOT OBLIGATIONS FOR RODEO PLAZA PROPERTY RPI shall perform the following for the Rodeo Plaza Property: 1. Staff and administrative services which are necessary to supervise the daily maintenance services necessary to keep the Rodeo Plaza Property in a clean, operational, trash free condition with healthy trees and shrubs. 2. Inform the City in a timely manner of any needed major repairs with regard to landscaping, ground maintenance or street lamp maintenance. 3. Providing adequate insurance to provide coverage for events on the Rodeo Plaza Property; insurance would list the City as an additional insured on the policy. 4. Controlling access to the Rodeo Plaza Property, including deliveries, traffic control, and access for emergencies and disabilities, and special events. 5. Make minor- repairs to the Rodeo Plaza Property, including the repair of broken sprinkler heads. SECOND AMENDMENT TO THE SECOND RENEWAL OF CITY SECRETARY CONTRACT NO.27542 LICENSE AGREEMENT Page 4 of 6 SECTION VI CONTINUED TERMS AND PROVISIONS All of the terms and provisions of the Agreement between the City and RPI shall remain in full force and effect except as specifically amended herein. [SIGNATURES APPEAR ON FOLLOWING PAGE] SECOND AMENDMENT TO THE SECOND RENEWAL OF CITY SECRETARY CONTRACT NO. 27542 LICENSE AGREEMENT Page 5 of 6 EXECUTED on this. 'S� day of � , 2010. CITY OF FORT WORTH: RODEO P NC. Susa Ala is Donald Jury Assist4nttity Manager Chief Financial Offi RECOMMENDED: Kirk laughter, Director Public Events Department APPROVED AS TO FORM AND LEGALITY: _ Nil Cherl K. Byles Assistant City Attorney ATTEST: p��FOR°� p�� Mart Hendrix gj*° °p Y oGAO City Secretary �"o a Date ��a o°°0000000 M&C No. °o° tea C -- ana4.�-� T N RECORDRETARYTH,TX SECOND AMENDMENT TO THE SECOND RENEWAL OF CITY SECRETARY CONTRACT NO. 27542 LICENSE AGREEMENT Page 6 of 6 Exhibit Al FoRTWORTH �-r Real Property Description for Rodeo Drive Right-of-Way A 1.458 acre tract of land and being all that portion of Rodeo.Drive(formerly N. Commerce St.)right-of-way from Exchange Avenue to Stockyards Boulevard(formerly 260' St.) as shown on plat of Truckers Subdivision according to the plat recorded in Volume 2046,Page 61,Deed Records, Tarrant County, Texas, and being more particularly described using bearings on the Texas Coordinate System,North Central Zone,N.A.D. 83 via the City of Fort Worth Integrated G.P.S.Network as follows: BEGINNING at a mark"Y" found at the intersection of the existing north right-of-way line of Exchange Avenue with the existing west right-of-way of Rodeo Drive; THENCE: with the west right-of-way line of said Rodeo Drive the following courses and distances: North 00 degrees 32 minutes 41 seconds West, 82.49 feet and South 89 degrees 50 minutes 14 seconds West, 0.10 feet and North 00 degrees 09 minutes 15 seconds West, 270.37 feet to a mark"Y" found and North 44 degrees 42 minutes 42 seconds West, 19.36 feet to a mark"<' found and South 89 degrees 16 minutes 08 seconds West, 31.06 feet to a mark"<" found and North 00 degrees 12 minutes 10 seconds West, 183.21 feet to a mark"+" found and South 89 degrees 48 minutes 55 seconds West, 13.65 feet to a mark"Y"found and North 00 degrees 11 minutes 58 seconds West, 195.63 feet to a 5/8" iron rod found and North 60 degrees 21 minutes 51 seconds West,44.01 feet to a 5/8" iron rod found and North 29 degrees 51 minutes 12 seconds East, 28.11 feet to a 5/8"iron rod found and North 00 degrees 12 minutes 59 seconds West, 43.94 feet to a 5/8" iron rod found and North 20 degrees 12 minutes 10 seconds West, 68.14 feet to a 5/8" iron rod found; THENCE: departing said west right-of-way line,North 40 degrees 18 minutes 22 seconds East, 130.98 feet to a mark"Y" found in the south right-of-way of Stockyards Boulevard; THENCE: with said south right-of-way,North 89 degrees 31 minutes 51 seconds East, 25.53 feet to a mark"Y" found at the intersection of said south right-of-way with the east right-of-way of Rodeo Drive; THENCE: with the east right-of-way line of Rodeo Drive the following courses and distances: 6 TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SURVExnyc SERVICES Tm;CirY of Four Worms * 8851 Camp Bowie Blvd West * FORT WORTH,TExns 76116 817 392-7925 * FAx 817-392-7895 South 00 degrees i6 minutes 09 seconds East, 556.39 feet to a mark"+" set and South 45 degrees 30 minutes 37 seconds West, 46.77 feet to a mark"+" set and North 89 degrees 50 minutes 18 seconds East, 11.70 feet to a mark"+" set and South 00 degrees 07 minutes 52 seconds East, 400.58 feet to a mark"Y"found at the intersection of said east right-of-way with the north right-of-way of Exchange Avenue; TBENCE: departing said east right-of-way, South 79 degrees 14 minutes 16 seconds West, 50.52 feet to the Place of Beginning and containing some 1.458 aces(63,508 square feet)of land„ more or less. Surveyed on the ground in October of 2010. Basis of Bearings: City of Fort Worth Integrated G.P.S.Network,N.A.D. 83,North Central Texas Zone. Distances are ground measurements. "In accordance with the Texas Board of Professional land Surveying, General Rules of Procedures and Practices, 663.19(9),this"report"consist of the legal description included herein, and a Map of Survey. 516710A01HKHBNM.doc BANS K,.- nrisE#i f,9A�4. v r U �l bZ NVM-M sm.4onw with Do T®loma ofProrm imm lam Bwvwf&S c--w RW.d pr...4m..WA peaa0ew,083.11(!),ThY r Pert mn41.1.d Nr.mop.down hr<wmti om.d P�PoI/ Orq WladrW h.-ML ��f �• / t• -lam, ---�-- Lnff TABLE NUMBER DIRECTION DISTANCE LI S '5r14•V E L2 N 44'42'42'V 79.3V T L3 S 69.16-OW V 31.06- L4 S 89.4"S'V 13.65' V L5 11 60.21'S1'V 441al' L6 N 29.5112•E 2641' L7 • N 00.1E-99'V 43.94' _ m LS N M•1210'V 6914' L9 N 89.31'Sl'E 2553' Y = L1D S 45.30'37'E 4677' - ,too L11 89'S0'16'E tl.70' Av G•' w C3 ''r A $ QIG• 1>G pG• q w g V • b y _ •,Y o g L11 - W�r o� w s rlrir r \. O� MAP OF SURVEY SHOWINGRIGHT—OF—WAY RODEO DRIVE RIGHT—OF—YVAY FROM EXCHANGE AVE. TO STOCKYARDS BLVD. .r P.O.D. EJ;49 ALT;VAD'APrffG PZ3CMPIMW 7814,18' EXCCEAMGIs AVENUE ��PE618 T e X ORT WORTH •Ii11NS K. �9,y�• f2�1 U > ww•1•.w.r.yw a�..u...l nh (( 61uwJ Srid u 1QY10'ID IAm aff M my WNW PIS==GPUL BIIRR X"Q �V� DATB°9 y-19 1•.100• Amm malt"=0 tm A D= � DFAVN BY SRCMIy NO. SI6TNAL Sp1TdTlm m zu 610T410 w VQ or 40l0. 3 a�3 Exhibit A �' a`•+ LOT 2 : ed Zo, w lb I _ J • � 1 z = 7 g 1S2•,B39• S4• Ft. ~ s _..._. � ,iw;.s....eacAt /I,ati...I w. ^� = { �• V 1 +� c j.iR.ilw.�sr...isr, : M. 51 9 • 55 w •220y 't NY Alto AOREENENf•1 O ® •! ,�� NR[R01to_o N,g pact y p.w-.>....✓sa:�..:A;,P v.w:.` 0: o:� Vol.oso ;i 3 va is— 5 s , R6 ZO � BARN N89.493 to 0 QlVG \,�• a rho016 qt 0481101$%Tie"CAf Y T1 Vo m A Y No.V.To %C.S.,M v To' PR c ►..f,. ' 12A30 It ' L 0 Y 5taaTloN anaE++aH ♦ �i 69•Sli-00 W + OAS ws A"aiss�. C 40 1 r P;727 S0. FT. �•.. .y�wa..- —,� It O,M L• •a r� eA ^t� ��'�, Place of 9891nning of r'9a 00. Aegornponyimg Description TRACT C. • iR..hlt.yf,8u.1'aiwy) j i �� y►• f TRACT E go _ (THE COLISEUM) � ( ' -CID.'91STAIDLIT11 .. •[. •G... e1L0.1A TO T.E. • i '.�� � 1•, »1 , r�4 aaa,ra. EASEMENT FOR FLAoo• I r- LOT 3 .r ( WAY a eEAOTIFICAT10N� Q ,�• I�• , •• . Toe IT oCITY 0r FONT WORTH 'r 1 VOL.5041,Po. aos iso' 089 Sq. #I. � � ��•+ �•• L O:T .4 . i• I d ;f i _ a m Rl Vol f "1 P if r»a-» WEST I P PIOCt of stginning of �•' ar Aeeomponying DoTCripfion Exhibit B Article B:Sculptural Components, Rodeo Plaza 1) Twenty-One(211) artist designed and fabricated functional street light poles 2) Two(2) large scale metal sculptures that resemble tooled leather cowboy belts, along with two accompanying functional benches ("Sculpture Belt Seating"); belts have internal lighting system 3) Two(2)functional Spur seating sculptures that resemble large scale cowboy and vaquero apparel and tack("Sculpture Spur Seating") 4) Six(6)artist designed and fabricated pendant fixtures 5) One (1)functional archway with seating at Coliseum exit, enhanced with replicas of vintage cowboy and vaquero hats and boots 6) Four(4)artist designed and fabricated light sconces for the new South Gate based on Fort Worth icon, "Molly;" 7) Artist designed and fabricated sculptural entrance gate for the North entrance to Rodeo Plaza City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/14/2010 - Ord. No. 19480-12-2010 DATE: Tuesday, December 14, 2010 REFERENCE NO.: **C-24646 LOG NAME: 25COLISEUM10 SUBJECT: Authorize the Execution of an Amendment to the Agreement with Rodeo Plaza, Inc., to Manage, Maintain and Program the Area Known as Rodeo Plaza for a Period of Six Months and Adopt a Supplemental Appropriation Ordinance Increasing Appropriations in the Culture and Tourism Fund in the Amount of $200,000.00 and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance by the Same Amount for the Purpose of Upgrading the Sound System and Replacing the Bucking Chutes in the Cowtown Coliseum (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an amendment to the Agreement with Rodeo Plaza, Inc., to manage, maintain and program the area known as Rodeo Plaza for a period of six months; and 2. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Culture and Tourism Fund by $200,000.00 and decreasing the unaudited, unreserved, undesignated fund balance by the same amount to upgrade the sound system and replace the Bucking chutes in the Cowtown Coliseum. DISCUSSION: On February 12, 2002, (M&C C-18960, Contract No. 27542) the City Council authorized a Lease Agreement with the Rodeo Plaza, Inc., (RPI) for the use, management and operation of the Cowtown Coliseum for a term of five years commencing on October 1, 2001 and ending on September 30, 2006 with extension options for up to five consecutive additional terms of one year each on the same terms and conditions. The City provided funding in the amount of$135,000.00 for the operation of the licensed premises during each contract year to defray utility expenses. On October 16, 2007, (M&C C-22455) the City Council extended the term of the agreement to end September 30, 2017 and increased funding to $185,000.00 for the operation during each contract year to defray utility expenses. On September 15, 2009, (M&C C-23856) the City Council amended the agreement to reduce the leased premises so a section of land between Billy Bob's Texas and the Cowtown Coliseum could be sold to Stockyards 2000, L.P. Rodeo Plaza Programming and Management: In 1986, a portion of North Commerce Street between Exchange Avenue and Stockyards Boulevard was closed to create a pedestrian walkway for the Stockyards and the area was renamed Rodeo Plaza. Removable bollards along with other enhancements were added; however, the area still looked like a street and did not encourage pedestrian traffic. In 2005, after input from many of the business owners and other stakeholders in the Stockyards, City Council authorized the design of improvements to Rodeo Plaza in order to convert the area into a Logname: 1 d2 pedestrian friendly corridor for this major tourist destination. The project was important to provide an attractive and welcoming pedestrian walkway between the attractions, shops and restaurants as well as to provide safe access for emergency vehicles and deliveries. On July 26, 2008, the renovated Rodeo Plaza celebrated its Grand Opening. The Project included the following improvements: (1) a beautiful new Gateway at the south end of the Plaza near Exchange; (2) refurbished, signature Gateway at the north end of the Plaza on Stockyards Boulevard; (3) an attractive, accessible gazebo; (4) an enlarged ride-out arena, with a new cover, pipe fence and viewing arcade; (5) improved landscaping and new light poles; and (6) the "Texas-sized" spurs near the South Gateway which are a component of the public art by Artist, Steve Teeters. The vision in 2005 was for Rodeo Plaza to be operated and programmed by the stakeholders in the Stockyards, possibly the Public Improvement District (PID) #11. Unfortunately due to the limited PID funding, proactive management and programming has not been possible. As a result, after discussions with stakeholders, Staff recommends amending the lease with Rodeo Plaza, Inc., for Cowtown Coliseum to add management, maintenance and programming of the Rodeo Plaza for a term of six months at no cost to the City. This will permit the stakeholders an opportunity to refine the programming standards and guidelines. It is anticipated that representatives from the adjacent property owners, Billy Bob's Texas and Exhibits Building Partnership and Cowtown Coliseum will serve as the governing committee and the staffing and insurance will be provided by their existing resources. Cowtown Coliseum Upgrades: The lease with RPI stipulates that all maintenance of lighting and sound systems are the sole cost of RPI. Despite the on-going maintenance of the existing system by RPI, the acoustics and sound system are limited and of poor quality. A consultant in acoustics and entertainment technologies evaluated the system and recommended a number of improvements to improve the quality of the sound in the facility. The Coliseum is home of the Stockyards Championship Rodeo with live rodeo every Friday and Saturday night year-round as well as Pawnee Bill's Wild West Show, Professional Bull Riding and many other events. A vital component of a rodeo competition are the 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. Staff is recommending an allocation of$200,000.00 from the Culture and Tourism Fund to resolve these issues. The Cowtown Coliseum is located in COUNCIL DISTRICT 2, but serves Fort Worth residents in ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached supplemental appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Culture and Tourism Fund. Upon approval, the unaudited, unreserved, undesignated fund balance of the Culture and Tourism Fund will exceed the minimum reserve as outlined in the Financial Management Policy Statements. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers GG04 539120 0246000 $200,000.00 GG04 539120 0246000 $200,000.00 CERTIFICATIONS: Submitted for City Manager's Office b Susan Alanis (8180) Logname: 1 d2 Originating Department Head: Kirk Slaughter (2501) Additional Information Contact: Betty Tanner (2502) ATTACHMENTS 1. 25COL_ISEUM_10 AO.doc (Public) 2. Amend Coliseum_Lease Rodeo Plaza.ppt (Public) 3. fundingverifcation.pdf (C;FW Internal) Logname: 1 d2 Ordinance No. AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE CULTURE AND TOURISM FUND IN THE AMOUNT OF $200,000.00 AND DECREASING THE UNAUDITED, UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT, FOR THE PURPOSE OF UPGRADING THE SOUND SYSTEM AND REPLACING THE BUCKING CHUTES IN THE COWTOWN COLISEUM; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2010-2011 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Culture and Tourism Fund in the amount of $200,000.00, and decreasing the unaudited, unreserved, undesignated fund balance by the same amount, for the purpose of upgrading the sound system and replacing the bucking chutes in the Cowtown Coliseum. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No.19355 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ADOPTED AND EFFECTIVE: a FIT x LLJ cn cu * � . . - lb F Fr co N { is U!Rw N `` " pot O ,r 1 co U E O QU