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HomeMy WebLinkAboutContract 43979 (2)TERM SHEET REGARDING USE OF EVENTS FUNDS FROM THE STATE OF TEXAS UNDER TEX. REV. CIV. STAT. ART. 5190.14 § 5C 1. Parties to and Term of the Agreement. CITY SECRETARY CONTRAcT 140. `= 5 cr This term sheet shall serve as the basis for development of a Trust Fund Event Support Contract ("Agreement") between the City of Fort Worth ("City") and the Ranch Sorting National Championships ("RSNC"). The Agreement shall be effective as of the data that it has been executed by a duly authorized representative of both the City and the RSNC and shall expire on December 31, 2013 (the "Term"). The Agreement, once executed by both parties and approved by the City, shall be a legally binding obligation of the parties. This term sheet, however, does not legally obligate either party to execute the Agreement. 2. Application and Funding of Event Trust Fund. In return for RSNC hosting of an Event, as defined in Section 3 hereof, the City will apply to the Comptroller of the State of Texas (the "Comptroller") for the creation of an Events Trust Fund (an "ETF") for the Event under the provision of Texas Revised Civil Statutes, Article 5190.14 § 5C (the "Act"). In accordance with the Agreement, the City will contribute an amount equivalent to the incremental tax increase that the Comptroller determines the City will receive on the account of the Event for partial funding of the ETF, which funding is intended to trigger the State of Texas contribution to the ETF(s) under the terms of the Act. 3. Scope of Agreement. RSNC will use commercially reasonable efforts to host the South Central RSNC Ranch Sorting World Series (the "Event"), at the Will Rogers Memorial Center located at 3 401 W. Lancaster Avenue, Fort Worth, Texas 76017, during the Term of the Agreement RSNC will pay the City an amount equal to any City contribution to the ETF. 4. Distribution of Funds. Funds from. the ETF will be distributed in the following manner: (i) to the City for reimbursement of the City's expenses related to the Event, as permitted by the Act; and (ii) to RSNC for reimbursement of RSNC's expenses related to the Event unless RSNC has any outstanding obligations owed to the City pursuant to any contract with the City. 5. Economic Impact Studies. RSNC will, at RSNC's sole cost and expense, commission any Economic Impact Studies for submission to the Comptroller pursuant to and in accordance with the Act. 6. Repeal or Modification of the Act. The provisions of this term sheet are based on the terms and conditions of the Act currently in effect. Should the Act be repealed or modified in such a manner that the Eventno longer quali& for distribution of the ETF proceeds in the manner contemplated herein become voidable by either party upon receipt of written notice by the oth r a '' modified during the Term of the Agreement and such modification material! ec aila aigitY �� -, = `tit !1 , raT r 7 1 12-14-12 P12:19 benefits of either party under the Agreement, the City and RSNC shall negotiate in good faith an amendment to the Agreement so that the original intent of the parties is preserved to the greatest degree possible. 7. Counternarts and Electronic Signatures This term sheet 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. SIGNED on the <day of CITY OF FORT WORTH By: S san Alanis ssistant City Manager Approval Recommended By: _ fiv Kirk ; laughter Dire • of Public Events Approved as to form and legality: By: Tylernallach Assistant City Attorney ATTEST: B Mary J .er City Secretary/ RANCH SORTING NATIONAL CHAMPIONSHIPS By: • 000 n 0x: 0 0o Q *Poo 444 rEXPA4ete tixrciettte's „s4,04,_ Dave Wolfe President, RSNC OFFICIAL RECORD AiRf SECRETARY VT "NOR/Na `fF,% ll