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HomeMy WebLinkAboutContract 44314 'TY SECRETARY " CONTRACT NO$ TERM SHEET REGARDING USE OF EVENTS F[NDS FROM THE STATE OF TEXAS NDER TEX.REV.CIV.ST .T".ART.5190.14§5C 1. Parties to and Ter of the Agreement. This term sheet shall serve as the basis for development,of Trust Fund event Support Contract ("Agreement") between the City of Fort Worth ("City") and the Equine Marketing Group, Inc. 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 equine Marketing Group, Inc. and shall expire on December 31, 20,13, (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. Applicaflon and Fundin2 of Event Trust Fund. In return for Equine Marketing G,rC up, Ine.'s hosting of an Event, as defined in Section 3 hereof, the City will apply to the Comptroller troller Of the State Of Texas(the"Comptroller")for the creation Of an Events Trust Fund an ETP 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 ller determines the City will receive On the account Of the Event for partial funding uf 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 nf Agreement,. T uu ne Marketi-ng Grou p Inc. will use commercially reasonable �efforts to host the Reichert Celebration (the "Event"), at the Will :Rogers Memorial Center Located at 3401 W. Lancaster Avenue,Fort Worth, Texas 76017, during the Term Of the Agreement. 4, DistAbution of Funds. The City shall be responsible for distributing the Total _Fund Amount to reimburse the City and Company for actual expenses related to the Event, as permitted by the Act and consistent with the Permissible Uses, as generally outlined in the Event Plan. The method and priority of funds to be distributed ,shall be a determination made by the City in its sole discretion. 5. Economic ImiDact Studies. The Equine Marketing,Group, Inc. will,at their sole cost and expense,commission any Economic Impact Studies for submission to the Comptroller pursuant to and in accordance with the Act. fir. Re ea I or Modification ificationu of the sett. The provisions of this term sheet are based on the terns and conditions of the Act currently in effect. Should the Act be repealed or modified in such a manner that the went no longer qualifies for distribution of the ETF proceeds in the manner contemplated herein, this 'term sheet shall. become voidable by either party upon receipt of written notice by the Other party. If the Act is medi ed during the Term of the Agreetnent and such modifieatie .. financial benefits of either party tinder the Agreement, the City and theE ui r t� Inc. shall 0 a FT= CITY SECRETAKY P F C F1 V E D MAR 2 8 2013 1 "s WOWN,TX negotiate in good faith an amendment to the Agreement so that the on'ginal intent of the parties is preserved to the greatest degree plossiblle. SIGNED on the ),day of IN,�Ultll 2013. L ATTEST: CITY OF FORT WORTH IN, 4 F '100 00001%, 2 By: oi:z?A B Sus Ap flans �-4ssistant C*ty Manager c r yz 0 0 () L "X Approved as to foun and legality. 0000 � Approval Recommended: lop By: By Tyler Fo. ach [� irk N. Vaughter Assistant City Attorney Director of Public Events EQUUNE;MARKETING GROUP,INC. By: J. ootman,Executive Director 188628v6 LICOFFICIAL RECORD F I OA D L R CITY SECRETARY 0 n le WORTH, TX