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HomeMy WebLinkAboutContract 45290-A2 (2)CU111. Z Lis ,J b .E TARY CONTRACT' O !ECS2% FORT WORTH 'ear PUBLIC EVENTS DEPARTMENT / WILL ROGERS MEMORIAL CENTER 3401 WEST LANCASTER AVENUE, FORT WORTH, TEXAS 76107 SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 45290 A LICENSE AGREEMENT WITH NATIONAL REINED COW HORSE ASSOCIATION This SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 45290 ("Second Amendment") is made and entered into by and between the City of Fort Worth ("City"), a home -rule municipal corporation, acting herein through its duly authorized Assistant City Manager, and NATIONAL REINED COW HORSE ASSOCIATION ("Licensee"), acting herein by and through its Executive Director. WHEREAS, on January 16, 2014, City and Licensee entered into City Secretary Contract ("CSC") No. 45290 for the purpose holding the NRCHA Celebration of Champions ("Event") at certain facilities in the Will Rogers Memorial Center; WHEREAS, on February 4 2015, City and Licensee amended CSC No. 45290 to modify the Facilities and Rental Fee for the 2015 Event, said agreement being CSC No. 45290-Al (CSC Nos. 45290 and 45290-Al are collectively referred to herein as the "Contract"); WHEREAS, the parties wish to remove the Will Rogers Coliseum from the list of Facilities for the Licensee's 2016 Event and add the Charlie and Kit Moncrief Building, including the W.R. Watt Arena, to the list of Facilities for the 2016 Event; WHEREAS, the parties also wish to amend the Rental Fee for the 2016 Event; and WHEREAS, it is the mutual desire of City and Licensee to amend the Contract to (1) remove the Will Rogers Coliseum from the list of Facilities for the 2016 Event, (2) add the Charlie and Kit Moncrief Building, including the W.R. Watt Arena, to the list of Facilities for the 2016 Event, and (3) amend the Rental Fee for the 2016 Event, NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS For and in consideration of Ten Dollars and No Cents ($10.00) and other good and valuable consideration, the sufficiency of which is hereby acknowledged, City and Licensee do mutually covenant and agree that the Contract is hereby amended as follows: 1, Exhibit A, 1) FACILITIES AND RENTAL DATES, Subsection a. shall be amended for the purpose of removing the Will Rogers Coliseum from the list of Facilities available to Licensee at the Will Rogers Memorial Center for Licensee's 2016 Event and adding the Charlie and Kit Moncrief Building, including the W.R. Watt Arena, to the list of Facilities available to Licensee at the Will Rogers Memorial Center for the 2016 Event and read as follows: "a) City agrees to license and provide to Licensee the following facilities at the WRMC (collectively, the "Facilities" or "Facilities") as needed and available for the Event on the contracted dates listed in section 1.b. i) Will Rogers Coliseum (1) Includes all dressing rooms and office areas (2) The City and Licensee acknowledge that the Will Rogers Coliseum will not be available for use by the Licensee during Licensee's 2015 and 2016 Events; therefore, the Will Rogers Second Amendment to CSC 45290 1 c�!` 3 liaJORD CITY SECRETARY FT. WORTH, TX Exhibit Al 1) of adjusting amended to Coliseum is hereby excluded from the list of Facilities available for use by Licensee for its 2015 and 2016 Events. Use of the Will Rogers Coliseum by the Licensee for any future Event shall be permitted in accordance with the terms of the Contract. ii) Burnett Building (1) Includes all stalls, Vet Clinic, office areas, exercise area and cattle pens if needed. iii) Richardson -Bass Building (1) Includes John Justin Arena, all stalls and cattle pens, James L and Eunice West Arena, Brown -Lupton North and South Exhibits Areas, Coburn Room, all available meeting rooms and office areas. iv) Equestrian Multi -Purpose Building (1) Includes all stalls and arenas, if needed. v) The Pavilion with 125' x 250' arena vi) Charlie and Kit Moncrief Building (1) Includes W.R. Watt Arena, all stalls, exercise area and all meeting rooms and offices, if needed. (2) The City and Licensee acknowledge that the Charlie and Kit Moncrief Building will only be available for Licensee's 2016 Event " FACILITIES AND RENTAL DATES, Subsection c.i. FACILITY FEE is amended for the purpose the Rental Fee for the 2016 Event from $92,000.00 to $81,000,00. Subsection c i. is hereby read as follows: "c) FACILITY FEE i) Except for Licensee's 2015 and 2016 Events, Licensee agrees to pay City an annual flat rental fee of $92 000.00 per Event for each year of the Initial Term and for each year of any Renewal Term For Licensee's 2015 Event Licensee agrees to pay City a flat rental fee of $75,000.00. For Licensee's 2016 Event, Licensee agrees to pay City a flat rental fee of $81,000.00. The rental fees set forth herein shall be referred to as the 'Rental Fee " The Rental Fee shall include the following items: (1) Rental of the Facilities for the dates set forth In Exhibit Al Section 1.b. above pursuant to the terms and conditions of this Agreement. Up to 500 city -owned stalls in the Facilities. If additional stalls are required, Licensee agrees to pay the rates listed below in 2a Rental and set-up of City -owned tables, chairs, stage risers, panels, 1 roping chute, 2 tractors and implements, and sound equipment (e.g , microphones, mixer, CD player, speakers spotlight, etc.) as required for the Event. (4) Labor to set and remove the above -listed City -owned equipment, install and remove the white wall around the Will Rogers Coliseum arena (not included for Licensee's 2015 Event) and clean-up following the Event, including any necessary dumpsters. (2) (3) Second Amendment to CSC 45290 2of3 (5) Commercial vendor spaces inside and outside of contracted Facilities. Any use of outside exhibit space must be agreed upon by Licensee and City prior to January 1st in each licensed year (6) Diesel fuel for City -owned tractors." 3. All terms in this Second Amendment that are capitalized but not defined shall have the meanings assigned to them in this Contract. 4. All terms and conditions of the Contract that are not expressly amended pursuant to this Second Amendment shall remain in full force and effect. This Second Amendment 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. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. of (2/is IN WIT ESS WHEREOF, the parties hereto have executed this Second Amendment on thins day , 2015. CITY OF FORT WORTH By: Su an Alanis Assistant City Manager Approval Reco►t�fr�nended: B y : / Kirk N laughter Director of Public Events lehatta/A-1 APPROVED AS TO FORM AND LEGALITY: By: Tyler Wallach / Assistant Cit Attorney, y- Mary K 0 0 1 City r- ry t �� �i` lr00 C\ b___t\ (St/ ,- AGREEMENT AUTHORIZATIONS �- l(r f;-`rip No M&C required Second Amendment to CSC 45290 NATIONAL REINED COW HORSE ASSOCIATION By: �,1ay Winborn Executive Director i, t eft 3 of3 OFFICIAL iiiECORD CITY SECRI9A RY Tan , TX