The URL can be used to link to this page

Home My WebLink AboutContract 36118-A4 CITY SECRETARY CONTRACT NO FOURTH 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 } Ong. t. V� I C , 1`� ("Effective Date"), this AMENDED AGREEMENT is made and entered by c*d 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, 3 4 5 FOURTH AMENDMENT TO THE SECOND RENEWAL ��1`� OF CITY SECRETARY CONTRACT NO. 27542 LICENSE AGREEMENT a �yv Page 1 of 5 OFFICIAL RECORD 'v 0 CITY SECRETARY FT,WORTH,TX4 9 5 V ¢ WHEREAS, on October 6, 2007, the City Council, via M&C C-22455, authorized the 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, on December 14, 2010, the City Council, via M&C C-24646, authorized the City Manager to amend the terms of the Agreement to include the Rodeo Plaza Property, a City owned 1.48 acre tract of land, as more particularly described in the CSC 3611 8-A2's Exhibit A-1 ("Rodeo Plaza Property"). The Rodeo Plaza Property is adjacent to the 122-133 East Exchange Avenue property. The City desired 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, on December 21, 2010, in CSC 36118-A2, the parties amended the Agreement to allow: (1) RPI to manage, maintain and administer the Rodeo Plaza Property through a interim/pilot program, from December 21, 2010 until June 19, 2011, in accordance with the terms and conditions; of CSC Nos. 27542, 35048, 36118 and 36118-AI (the original Rodeo Plaza/Cowtown Coliseum Agreement); FOURTH AMENDMENT TO THE SECOND RENEWAL OF CITY SECRETARY CONTRACT NO. 27542 LICENSE AGREEMENT Page 2 of 5 (2) the City to continue to provide waste removal services, landscape maintenance, and street light replacernent and maintenance, and gate opening mechanism maintenance; and (3) 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"), to maintain the sculptural public art components; and WHEREAS, on June 7, 2011 the parties amended the Agreement to adopt the Rodeo Plaza/Cowtown Coliseum Agreement's primary term found in CSC Nos. 27542, 35048 and 36118, which will end on September 30, 2017, for the Rodeo Plaza Property program (CSC 36118-A2). WHEREAS, the City and RPI mutually desire to allow RPI to add the vacated Mounted Patrol Premises for a period of thirty days pending approval of a longer term license by City Council for the city-owned property located at 2500 N. Houston Street for storage and stabling of livestock from the Effective Date of this contract for a period for thirty days, in accordance with the terms and conditions of CSC Nos. 27542, 35048, 36118 and 36118-A1 and all amendments, including this AMendment; 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: 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: FOURTH AMENDMENT TO THE SECOND RENEWAL OF CITY SECRETARY CONTRACT NO.27542 LICENSE AGREEMENT Page 3 of 5 In addition to the licensed premises in Exhibit "A-1", the Mounted Patrol Premises, located at 2500 N. Houston Street and shown on Exhibit "A-2" is hereby added, for a term of thirty (30) days from the Effective Date of this Fourth Amendment, to the licensed premises which is attached and incorporated by reference for all purposes into this Fourth Amendment to the Second Renewal of the License Agreement. The Mounted Patrol Premises (the "Property") is marked in Exhibit "A-2" with a black line. SECTION II 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. (SIGNATURE PAGE FOLLOWS) FOURTH AMENDMENT TO THE SECOND RENEWAL OF CITY SECRETARY CONTRACT NO. 27542 LICENSE AGREEMENT Page 4 of 5 EXECUTED on this day of 2'`-�� , 2015. CITY OF FORT WORTH: _ IODEO PLAZA, INC. OVA—A� S�san anis Donald Jury Absistght City Manager Chief Financial Office RECOMMENDED: Kirk Slaught r, Director Public Events Department APPROVED AS TO FORM AND LEGALITY: I ' 1701 �1 Waiin D. Guzman Assistant City Attorney ATTEST: �40 RT r c h �J;•C• o rC \ o Vary J. Kay er v% �,/ 0 City Secreto0O00000000° 71 36 � 1/1 Date M&C No. N/A FOURTH AMENDMENT TO THE SECOND RENEWAL OF CITY SECRETARY CONTRACT NO.27542 LICENSE AGREEMENT OFFICIAL RECORD Page 5 of 5 CITY SECRETARY FT.WORTH,TX k � 4a ■ fit' FORMER POLICE MOUNTED PATROL AREA o 41, 325 SF _ .83 Acres mom y *� ! m m PATE — C4ATE CoFW POLICE NORTH DIVISION. ' (CID & Not Patrol) 77,073 SF _. 1.77 Acres NEW ..r._r ' Exhibit A • — ''"' � 1 i I r I Y • '� ' i + �• is . 46 207, 'e O • �I >_ •gJg � � � 1 o�i FI IS2.839• Sq. Ft. � � � s .��f. A h.�.r/.wfN7hYSfA•,�•.r�I M-., +' _ � O �� . •I !\, i��AI7A./A4.Fi Y1 it/, ^ � '' '! G . '{ RT AND AORZKN9Nt•J•` say -ss tv •2zu.. . 0 .003.�1 -�. -s• f R RDEn OR On N9 FAC!L1 y G p✓...� ,..✓�a:/..:a1/.:t.•.�; r t>: oe b' r.i.•sss-ia+s , . 1 40 . w� q-0 d ; r 8ARN N89.49'a3 G�` • oil, 1 • �J \,fi 0116140 �' m!t al•TRI•uT101[A• 11 T 1, • � � �I' m O .. F R.O.r.TO t.[.1.•C•.Y 7•t � , LOT 5 � H '� ' Ft.15•TR11•tlow eAaefet b r s4•55-00 W I oR8 7,'72 7 S 0. F T. 'K6R/ t 7 7 PIIfA/ Df bial8nin of 1 !T•, P0'°� •' •• ' aos ` Aeq•mponylaq D[•aflpiaoii ( `'•� TRACT C, �i '��. • ,�i !t TRACT E t dp c (THE COLISEUM) • 4 •�• 04A.rl To T•4. f' I1 L e441,PC. LOT 3 [A•CKCRt FIR FLOOD• NAY 1/4AnTIFICATION ? ,.� •' TO C11Y OF FORM WORTH voL.saoi,ro.$09 6a 8s9 9 fff. I ®� •• � • •• �` 3 r ( ( o�� ..i Rs TA A0 WEST • r Q SI • �f r � � � �t�l 0 Fri Plaea of Beginning at' ei ' Accorm ponying Oucfiplion «. .r..n.Z