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HomeMy WebLinkAboutContract 55199 DocuSign Envelope ID:431FE432-91)B0-4755-66E2-51FC4501155A CSC No. 55199 TRUST FUND EVENT SUPPORT CONTRACT (2021) 75th Charles Schwab Challenge This TRUST FUND EVENT SUPPORT CONTRACT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH("City"), a home-rule municipality organized under the laws of the State of Texas; COLONIAL COUNTRY CLUB ("Colonial"), a Texas non-profit corporation; and PGA TOUR, INC., ("PGA") a Maryland non-profit corporation,. RECITALS The City, Colonial, and PGA (collectively, "Parties") hereby agree that the following statements are true and correct and constitute the basis upon which the Parties have entered into this Agreement: A. Colonial will operate the(2021)75thCharles Schwab Challenge("Event"),which specific Event is held not more than one time in Texas or an adjoining state in any year. B. PGA sanctions and governs multiple professional golf events on an annual basis throughout the United States, and the process for deciding to where to hold a sanctioned event is highly competitive and takes into account many factors. C. After conducting a highly-competitive, multi-state, site selection process, PGA selected Colonial Country Club (which is owned and operated by Colonial and located in Fort Worth, Texas)to serve as the sole venue for the Event or the sole venue for the Event in a region composed of Texas and one or more adjoining states,the terms of which are governed by a multi- year agreement (2019-2022). , D. Colonial engaged Angie Highland, of Highland Market Research, to prepare an Analysis of the Economic Impact of the Event for purposes of submitting to the Office of the Governor Economic Development and Tourism ("EDT") to determine eligible Texas state tax revenues generated by the Event. E. Chapter 480 of the Texas Government Code, as amended (as it may be amended from time to time)("Act")authorizes the EDT to establish the Event Trust Fund("Fund"). Funds deposited into the Fund may be used by the City to fulfill its obligations under an event support contract,as defined in the Act, governing the Event. This Agreement is intended to serve as such event support contract. F. The EDT has, pursuant to subsection (b) of the Act, analyzed the incremental increase in certain sales and use,hotel occupancy and mixed beverage tax receipts to be collected by or on behalf of City and the State of Texas directly attributable to the preparation for and presentation of the Event and related activities. OFFICIAL RECORD CITY SECRETARY Event Trust Fund Agreement between FT.WORTH,TX City of Fort Worth,Colonial Country Club and PGA TOUR Inc. 1 of 11 DocuSign Envelope ID:431 FE432-91DI30-4755-66E2-51 FC4501155A G. Based on its analysis, the EDT, by letter to City dated October 16, 2020, has determined that the State will deposit an estimated amount of$509,029.00 of State funds into the Fund if matched by$81,445.00 in remittances by or on behalf of City,for an estimated total Fund amount of $590,474.00. As an endorsing municipality under the Act, City has or will remit $81,445.00 to the EDT for deposit into the Fund. H. The Act provides that the money in the Fund may be used for "...the payment of costs relating to the preparations necessary for the conduct of the event and the payment of costs of conducting the event, including improvements or renovations to existing facilities or other facilities and costs of acquisition or construction of new facilities or other facilities"("Permissible Uses"). I. The obligations of the Parties under the Agreement are set forth in Section 5,which the Parties agree are,without limitation,necessary to host,prepare for, and conduct the Event. J. Pursuant to Resolution No. 3513-08-2007 adopted on August 14, 2007, the City Council of City has authorized the City Manager to negotiate agreements that promote events benefitting City and secured, in part, on account of the Fund and the provisions of the Act. NOW,THEREFORE,for and in consideration of the premises,undertakings, and mutual covenants of the parties set forth herein and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: AGREEMENT 1. RECITALS. The Parties agree that the recitals set forth above in this Agreement are true and correct, and the representations, covenants and recitations set forth therein are made a part hereof for all purposes. 2. TERM. This Agreement is effective as of October 16, 2020 and will remain in full force and effect until the later of(i) December 31, 2021 or(ii) the date as of which all funds have been disbursed in accordance with the Act and with this Agreement,unless terminated earlier pursuant to the terms of this Agreement. 3. APPLICATION FOR EVENT TRUST FUND DISBURSEMENT. City, as the endorsing municipality,has previously applied to the EDT for the creation of a Fund for the Event under the provisions of the Act. Event Trust Fund Agreement between City of Fort Worth,Colonial Country Club and PGA TOUR.Inc. 2 of 11 DocuSign Envelope ID:431FE432-91D130-4755-136E2-51FC4501155A 4. TRUST FUND DEPOSIT. In consideration of PGA's selection of the Colonial Country Club as the sole site for the Event, City, as the endorsing municipality,will remit$81,445.00 into the Fund, as set forth in the October 16, 2020 letter that was issued by the EDT estimating the incremental increase in tax revenue under the Act as a result of the Event and setting forth the contribution to the Fund by City (the "City Remittance"). The City Remittance is intended to trigger the State of Texas contribution to the Fund under the terms of the Act. The City Remittance plus the contributions by the State of Texas to the Fund in accordance with the Act will be referred to herein as the"Total Fund Amount". 5. GENERAL OBLIGATIONS OF THE PARTIES. a. PGA. PGA is obligated to hold and conduct the Event at the Colonial Country Club from May 24-30, 2021. PGA also agrees that the covenants and promises made in this Agreement are necessary to prepare for and conduct the Event. b. Colonial. Colonial is obligated to host the event. C. CY. (i) The Parties recognize that Colonial is the Event expert and has the structures and mechanisms in place to properly and adequately perform the functions necessary to prepare for and conduct the Event. City's obligations under this Agreement will be to pay Colonial for the necessary, reasonable, and actual expenses required to prepare for and conduct the Event as a means to reimburse Colonial to help cover the costs of the Event, including in areas of which City lacks expertise. These expenses may include, but are not limited to, the following: (A) Advertising and marketing promotions of the Event, including printing and production costs; (B) Awards distributed at the Event including trophies, ribbons,medals and plaques; (C) Rental cost of facilities for the Event; (D) Rental cost of equipment for the Event; (E) Decorator and the rental of furnishings for the Event; (F) Officials,judges, and staff hired or contracted specifically for the Event; (G) Security and paramedics; (H) Event insurance; (I) Food provided on-site to event participants or other personnel necessary to conduct the event; Event Trust Fund Agreement between City of Fort Worth,Colonial Country Club and PGA TOUR.Inc. 3 of 11 DocuSign Envelope ID:431FE432-91360-4755-136E2-51FC4501155A Q) Travel expenses, including lodging, automobile mileage, rental car and commercial airfare for event participants or other similar persons directly related to the conduct of the event, provided that said individual does not reside in the events market area; (K) Event clean up services and staff, and (L) Directional signage. (M) Transportation, including rental of shuttle buses to transport public to and from parking to event location, rental of golf carts for event producers and staff to maneuver around event. (N) Portable restrooms, trash receptacles, and other types of sanitation necessities; (0) Fencing; (P) Costs attributed to inclement weather occurring immediately before, during, or after the Event; (Q) Credentials; (R) Production costs, including staging, rigging, sound, and lighting; and (S) Expenses related to health screening and safety protocols for event participants, staff and attendees; (ii) Colonial must provide invoices to City for expenses incurred for the Event. Colonial must provide any supporting expense documentation as required by City or as requested by the EDT to the full satisfaction of both City and the EDT for the Event. City will make payment(s) to Colonial within thirty (30) business days after receipt of such payment from the EDT in accordance with the terms of this Agreement. City will be responsible for dealing with the EDT with respect to disbursements from the Fund and distributing the Total Fund Amount in accordance with the terms of this Agreement. (iii) Any payments to Colonial as set forth in this Agreement are limited to the maximum amount available from and approved for eventual distribution from the Fund established for the Event and must be eligible for payment by the Events Trust Fund program. Under no circumstances will City be obligated to Colonial for more than that maximum sum when, and if, received from the Fund for the Event. Colonial will not seek, and will not be entitled to,payment from City for any costs not distributed by the EDT from the Fund established for the Event. (iv) Notwithstanding anything to the contrary, City may withhold all distribution of payments to Colonial under this section if Colonial has any outstanding obligations owed to City pursuant to any contract with City. If City withholds any funds for this reason, then City will provide a written statement to Colonial, detailing the outstanding obligations. Colonial will have thirty (30) calendar days from the date it receives City's written statement to cure any such outstanding obligations ("Cure Period"). The Cure Period can be extended by written agreement of City and Colonial. Notice must be as prescribed in Section 12. Event Trust Fund Agreement between City of Fort Worth,Colonial Country Club and PGA TOUR.Inc. 4 of 11 DocuSign Envelope ID:431FE432-9DB0-4755-B6E2-51FC4501155A If Colonial cures its outstanding obligations within the Cure Period, then City will make distributions from the Total Fund Amount in accordance with the procedures set forth in in this Section,which procedures will begin anew on the date Colonial cures its outstanding obligations to City. If Colonial fails to cure its obligations within the Cure Period,then City has the absolute right to offset any amount owed to City by Colonial against the Total Fund Amount and take immediate possession of such funds to satisfy all outstanding obligations. City and Colonial acknowledge that any such offset will not be construed as a distribution of Funds under this Agreement, but as payment by Colonial of funds owed to City for application toward any outstanding obligations owed to City. If City exercises its right of offset, then Colonial hereby waives its right to receive any reimbursement or distribution from the Total Fund Amount under this Agreement that is subject to the offset amount. To the extent that any funds remain from the Total Fund Amount after City applies the above-stated offset, then City will distribute such funds in accordance with the terms of this Agreement. If the offset is not sufficient to discharge all of Colonial's outstanding obligations to City, Colonial will continue to be obligated to pay City all amounts remaining after application of the offset, and City will retain all legal rights and remedies available to it to collect such amounts. 6. COMMITMENT OF COLONIAL. Colonial will pay City an amount equal to the City Remittance contemporaneously upon City's distribution to Colonial from the Total Fund Amount in accordance with Section 5 above. 7. DOCUMENTATION. (a) Colonial must cooperate with City in documenting all costs incurred by Colonial for the Event to evidence the Permissible Uses. (b) Colonial hereby certifies and warrants that all documentation submitted to City fully and accurately represents the actual costs incurred by Colonial in hosting the Event and is consistent with the Permissible Uses under the Act. Colonial will be liable to City for any damages resulting from a breach of this section. This section will survive the expiration or termination of this Agreement. 8. NON-EXCLUSIVE REMEDIES. Except as otherwise provided herein, no remedy herein conferred or reserved is intended to be exclusive of any other available remedy or remedies, and each and every such remedy will be cumulative and will be in addition to every such remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. It is expressly agreed that the remedy at law for breach by a party of its obligations hereunder may be inadequate in view of the complexities and uncertainties in measuring the actual damages which would be sustained by reason of either party's failure to comply fully with each of such obligations. Accordingly, the obligations of each party Event Trust Fund Agreement between City of Fort Worth,Colonial Country Club and PGA TOUR.Inc. 5 of 11 DocuSign Envelope ID:431FE432-9DB0-4755-B6E2-51FC4501155A hereunder are expressly made enforceable by specific performance. If it becomes necessary for any party to this Agreement to bring suit to enforce or interpret the provisions hereof,the prevailing party to such suit will be entitled to its reasonable and necessary attorneys fees and costs. 9. TERMINATION FOR CAUSE. City may terminate this Agreement if Colonial fails to comply with any term,provision, or covenant of this Agreement in any material respect. If an event of default occurs, City will give written notice that describes the default in reasonable detail to Colonial. Colonial must cure such default within thirty(30) calendar days after receiving notice from City, unless otherwise agreed to in writing by the parties. If the Event is cancelled for any reason, then this Agreement will terminate immediately and City will not be held responsible or liable for its obligations hereunder. 10. MUTUAL WAIVER OF CERTAIN DAMAGES. THE PARTIES HEREBY EXPRESSLY, IRREVOCABLY, FULLY AND FOREVER RELEASE, WAIVE AND RELINQUISH ANY AND ALL RIGHT TO RECEIVE PUNITIVE, EXEMPLARY AND CONSEQUENTIAL DAMAGES FROM THE OTHER PARTIES HERETO (OR ANY PAST, PRESENT OR FUTURE OFFICER, EMPLOYEE, AGENT, REPRESENTATIVE,OR ADVISOR OF THE OTHER)IN ANY CLAIM,DEMAND,ACTION, SUIT, PROCEEDING OR CAUSE OF ACTION IN WHICH THE PARTIES ARE PARTIES, WHICH IN ANY WAY(DIRECTLY OR INDIRECTLY)ARISES OUT OF, RESULTS FROM OR RELATES TO ANY OF THE FOLLOWING, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING AND WHETHER BASED ON CONTRACT OR TORT OR ANY OTHER LEGAL BASIS: THIS AGREEMENT; ANY PAST,PRESENT OR FUTURE ACT, OMISSION, CONDUCT OR ACTIVITY WITH RESPECT TO THIS AGREEMENT; ANY TRANSACTION, EVENT OR OCCURRENCE CONTEMPLATED BY THIS AGREEMENT;THE PERFORMANCE OF ANY OBLIGATION OR THE EXERCISE OF ANY RIGHT UNDER THIS AGREEMENT; OR THE ENFORCEMENT OF THIS AGREEMENT. 11. SEVERABILITY. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws,the legality, validity and enforceability of the remaining provisions of this Agreement will not be affected thereby, and this Agreement will be liberally construed so as to carry out the intent of the parties to it. 12. NOTICES. Any notice, request or other communication required or permitted to be given under this Agreement must be given in writing by delivering it against receipt for it,by depositing it with an overnight delivery service or by depositing it in a receptacle maintained by the United States Postal Service, postage prepaid, registered or certified mail, return receipt requested, addressed to the respective parties at .the addresses shown herein (and if so given, will be deemed given when mailed). Notice sent by any other manner will be effective upon actual receipt by the party to be notified. Actual notice, however and from whomever given or received, will always be effective Event Trust Fund Agreement between City of Fort Worth,Colonial Country Club and PGA TOUR.Inc. 6 of 11 DocuSign Envelope ID:431FE432-9DB0-4755-B6E2-51FC4501155A when received. Any party's address for notice may be changed at any time and from time to time, but only after thirty (30) days' advance written notice to the other parties and must be the most recent address furnished in writing by one party to the other parties. The giving of notice by one party which is not expressly required by this Agreement will not obligate that party to give any future notice. City: PGA TOUR: City of Fort Worth PGA TOUR Attn: Director,Public Events Dept. Attn:J.Andrew Pazder, 200 Texas Street Chief Tournaments&Competitions Officer Fort Worth, TX 76102 112 PGA TOUR Boulevard Ponte Vedra Beach,Florida,32082 with copies to: with a copy to: the City Manager and COLONIAL COUNTRY CLUB the City Attorney Attn: Michael Tothe at the same address Tournament Director,Colonial Country Club 3735 Country Club Circle, Fort Worth,Texas 76109 13. COMPLIANCE WITH LAWS, ORDINANCES,RULES AND REGULATIONS. This Agreement is subject to all applicable federal, state and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as amended; provided, however, that any future Charter or ordinance amendment will not be deemed to modify, amend, or negate any provision of this Agreement. 14. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 15. NO WAIVER. The failure of any party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder will not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. 16. VENUE AND CHOICE OF LAW. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement,venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas—Fort Worth Division. This Agreement will be construed in accordance with the laws of the State of Texas. Event Trust Fund Agreement between City of Fort Worth,Colonial Country Club and PGA TOUR.Inc. 7 of l l DocuSign Envelope ID:431FE432-9DB0-4755-B6E2-51FC4501155A 17. NO THIRD-PARTY RIGHTS. The provisions and conditions of this Agreement are solely for the benefit of the Parties, and any lawful assign or successor of PGA or Colonial, and are not intended to create any rights, contractual or otherwise,to any other person or entity. 18. FORCE MAJEURE. It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war, civil commotion, acts of God, inclement weather, or other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not,the party so obligated or permitted will be excused from doing or performing the same during such period of delay, so that the time period applicable to such performance will be extended for a period of time equal to the period such party was delayed. 19. INTERPRETATION. In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement will be interpreted fairly and reasonably, and neither more strongly for or against any party,regardless of the actual drafter of this Agreement. 20. CAPTIONS. Captions and headings used in this Agreement are for reference purposes only and will not be deemed a part of this Agreement. 21. ENTIRETY OF AGREEMENT. This Agreement, including any exhibits attached hereto and any documents incorporated herein by reference,contains the entire understanding and agreement between the Parties, and any lawful assign and successor of Colonial and PGA, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 22. COUNTERPARTS. This Agreement may be executed in any number of counterparts with the same effect as if all of the parties had signed the same document. Such executions may be transmitted to the other party by digital scan or facsimile and such scanned or facsimile execution will have the full force and effect of an original signature. All fully executed counterparts,whether original executions or scanned or facsimile executions or a combination, will be construed together and will constitute one and the same agreement. Event Trust Fund Agreement between City of Fort Worth,Colonial Country Club and PGA TOUR.Inc. 8 of 11 DocuSign Envelope ID:431FE432-913130-4755-66E2-51FC4501155A 23. AMENDMENT. No amendment,modification,or alteration of the terms of this Agreement will be binding unless the same is in writing, dated subsequent to the date hereof,and duly executed by the Parties hereto. 24. INDEMNIFICATION AND RELEASE. a. COLONIAL COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY FROM AND AGAINST ANY AND ALL CLAIMS,LAWSUITS,JUDGMENTS,ACTIONS, CAUSES OF ACTION,LIENS,LOSSES,EXPENSES,COSTS,FEES (INCLUDING,BUT NOT LIMITED TO,ATTORNEY'S FEES AND COSTS OF DEFENSE),PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE, INCLUDING,BUT NOT LIMITED TO,THOSE FOR PROPERTY OR MONETARY LOSS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED,ARISING OUT OF,IN CONNECTION WITH, OR RESULTING FROM ANY REPRESENTATIONS OR MISREPRESENTATIONS BY COLONIAL AND/OR ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE,OR NONPERFORMANCE OF THIS AGREEMENT. b. IF ANY ACTION OR PROCEEDING IS BROUGHT BY OR AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, COLONIAL, ON NOTICE FROM CITY, MUST DEFEND SUCH ACTION OR PROCEEDING, AT COLONIAL'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. C. IT IS AGREED WITH RESPECT TO ANY LEGAL LIMITATIONS NOW OR HEREAFTER IN EFFECT AND AFFECTING THE VALIDITY OR ENFORCEABILITY OF THE INDEMNIFICATION OBLIGATION UNDER THIS SECTION 24, SUCH LEGAL LIMITATIONS ARE MADE A PART OF THE INDEMNIFICATION OBLIGATION AND WILL OPERATE TO AMEND THE INDEMNIFICATION OBLIGATION TO THE MINIMUM EXTENT NECESSARY TO BRING THE PROVISION INTO CONFORMITY WITH THE REQUIREMENTS OF SUCH LIMITATIONS, AND AS SO MODIFIED, THE INDEMNIFICATION OBLIGATION WILL CONTINUE IN FULL FORCE AND EFFECT. d. Colonial agrees to and will release City from any and all liability for any damage or loss sustained or caused by Colonial in connection with or incidental to performance under this Agreement. e. This section will survive the expiration or termination of this Agreement. Event Trust Fund Agreement between City of Fort Worth,Colonial Country Club and PGA TOUR.Inc. 9 of I I DocuSign Envelope ID:431 FE432-9DB0-4755-B6E2-51 FC4501155A 25. AUDIT. Colonial agrees that City and its internal auditor will have the right to audit, which will include,but not be limited to,the right to complete access to and the right to examine,the financial and business records of Colonial that relate to the documentation provided to City pursuant to this Agreement, including, but not limited to, all necessary books, papers, documents, records, and personnel, (collectively "Records") in order to determine compliance with this Agreement. Colonial must make all Records available to City at 200 Texas Street, Fort Worth, Texas or at another location in City acceptable to both parties within thirty(30)days after notice by City and will otherwise cooperate fully with City during any audit. Notwithstanding anything to the contrary herein,this section will survive the expiration or earlier termination of this Agreement. 26. ASSIGNMENT. Neither party hereto will assign or transfer its interest herein without prior written consent of the other party, and any attempted assignment or transfer of all or any part hereof without such prior written consent will be void. This Agreement will be binding upon and will inure to the benefit of the Parties and their respective successors and permitted assigns. 27. AUTHORIZATION. By executing this Agreement, PGA's and Colonial's agents affirm that each is authorized to execute this Agreement and that all representations made herein with regard to PGA's and Colonial's and identity, address, and legal status (corporation, partnership, individual, dba, etc.) are true and correct. 28. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or exhibits hereto. 29. PGA TOUR AGREEMENT. PGA joins this Agreement solely with respect to paragraphs A, B, and C of the Recitals;the following paragraphs of the "Agreement" sections: 4; 5.(a) (but only with respect to covenants made directly by PGA); and sections 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21,22,23, 26, 27, and 28. Event Trust Fund Agreement between City of Fort Worth,Colonial Country Club and PGA TOUR.Inc. to of 11 DocuSign Envelope ID:431FE432-91D60-4755-66E2-51FC4501155A EXECUTED to be EFFECTIVE as of the date set forth Section 2 of this Agreement: CITY OF FORT WORTH: COLONIAL COUNTRY CLUB: J.Chapa By.Jesusa9:50 CST) By: Jesus Chapa Michael Tothe Deputy City Manager Tournament Director Date: 1-25-2021 Date: I . #L( Z,` APPROVED AS TO FORM PGA TOUR,INC. AND LEGALITY: °oeuSgnad by: By:_L . Wvtw pa4v Tyler F. Wallach J. Andrew Pa7de Assistant City Attorney Chief Tournaments&Competitions Officer Date: 11/23/2020 a�ro ft) a APPROVED ATTEST: oO tt 1.0*110 -0�."°°°°°° �, ad chief Financial ofu cer �� alvy �� W� va $ chief Legal officer Mary Kayser 00. �� °°° °°°City Secretary °°°° 4Y , SO1e CITY OF FORT WORTH USE ONLY Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. ,Aug 0"- &&I'17t I�'V Brandy Wer Program G6ordinator OFFICIAL RECORD CITY SECRETARY Event Trust Fund Agreement between FT.WORTH,TX City of Fort Worth,Colonial Country Club and PGA TOUR.Inc. 11 of 11