HomeMy WebLinkAboutContract 27542 CITY $ECRETARY
CONTRACT NO.
STATE OF TEXAS §
COUNTY OF TARRANT §
LICENSE AGREEMENT
FOR THE MANAGEMENT AND OPERATION OF
COWTOWN COLISEUM
THIS LICENSE AGREEMENT is made and entered into by and between the City of Fort
Forth, a home-rule municipal corporation situated in Tarrant County, Texas, hereinafter referred
to as "City", and Rodeo Plaza, Inc., a Texas corporation, hereinafter referred to as "RPI", both
parties acting herein by and through their duly authorized representatives:
ARTICLE 1.
LICENSE OF PREMISES; PURPOSES
A. In consideration of the mutual covenants and agreements herein set forth, and
other good and valuable consideration, City does hereby grant unto RPI the light and obligation
to use, manage and operate for the purposes set forth herein the premises known as the Cowtown
Coliseum, (also known as the Northside Coliseum), the adjoining "run-out" area, the adjacent
outside arena and bleachers and the central power plant (hereinafter referred to as the "licensed
premises") located at 121-123 East Exchange Avenue, Fort Worth, Texas and being more
particularly described in the areas marked by diagonal lines in Exhibit "A", said Exhibit being
attached hereto and incorporated herein this reference.
B. RPI covenants and agrees that this license agreement is for the purpose of
pe rmuting and encouraging the use of the licensed premises for any and all lawful purposes and
the presentation of enjertaiDnictit, social, cultural, sporting_, rodeo, livestock and like events in
keeping with the western theme of the Fort Worth Stockyards Area and the promotion of ovcral'i
economic development activities in said area, for the benefit of the general public and all citizens
of th-e City of Fort Worth. In accordance with the provisions of B CF R 314.6(c), RPI further
covenants and agrees that the licensed premises shall lie purposes in
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accordance with the general and special purposes of those certain Economic Development
Administration Grants heretofore made in connection with improvements to the said licensed
premises, and said licensed premises shall be used for no other purposes. RPI further covenants
and agrees that all services and activities upon the licensed premises shall be provided or
conducted without discrimination to any or all persons with regard to their race, color, religion,
sex, national origin, age or handicapped status. In addition, RPI covenants that (1) the licensed
premises shall serve and be available for an appropriate charge or rental, on a rate scale basis, for
general public use, and (2) RPI shall not limit the use of the licensed premises by entering into
long-term license agreements to a single user or group of users. For purposes of this agreement,
"long term"shall be defined as one calendar year or longer.
ARTICLE 2.
TERM
A. The primary term of this agreement shall be for five (5) years, commencing on
October 1, 2001 and ending on September 30, 2006. The period from October I of one year to
September 30 of the succeeding zn year
I is sometimes referred to herein as a"contract year".
B. In addition to the primary term, this agreement may be extended by mutual
agreement between the City and RPI for tip to five (5) consecutive additional terms of one (1)
year each, on the same terms and conditions as this agreement except as may be modified by
mutual agreement of the parties, by the giving of written notice to RPI not later than ninety (90)
days before the end of the primary or extended term-
AI 3,
ONVIN7ERSHIP OF LICENSED PREMISE
- --S Q U—1Pk1T-1N—'T
A, Ownership, Title to the licensed premise's and improvements shall be vested and
re lain vested in the City of Fort Worth,
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B. Equipment and Other Property. City will permit RPI, during the term of this
agreement, to use only such City-owned equipment and other personal property as listed on the
detailed inventory attached hereto as Exhibit "B", which Exhibit is incorporated herein by
reference. RPI shall maintain said equipment in good repair at its expense and, at the termination
of this agreement, shall return all such equipment to City in as good or better condition as existed
at the commencement of this agreement, fair wear and tear excepted.
C. City and RPI conducted an inventory of furniture, fixtures and equipment on
the premises on January 14, 2002. As a result, City and RPI agree that certain items listed in
Exhibit "B" of City Secretary Contract No. 19386 are now inoperable and/or unusable due to
normal wear and tear, age and lack of available replacement parts and were deleted from the
current inventory list now attached and incorporated into this Agreement.
D. RPI agrees that the entire sound system was replaced by a complete and new
sound system as shown in Exhibit "B" on or about May 4, 2000 and as of the date of the
execution of this Agreement, said sound system is in a"like new" condition.
ARTICLE 4.
MANAGEMENT AND OPERATION OF LICENSED PREMISES
A. For and in consideration of the rights granted herein, RPI agrees to fully perform
all of its obligations set out herein and to actively market, manage and operate the licensed
premises so as to promote the maximum utilization and exposure for use of the facilities for the
purposes set forth herein by the public.
B. RPI shall operate and manage the Coliseum in strict compliance with all
provisions of the City's Request for Proposals (attached hereto and incorporated herein as
Exhibit "C") and RPI's Proposal and CUrrent letter expressing its desire to continue under the
same conditions (attached hereto a,nd incorporated herein as Exhibit "D") in respcjnse thereto,
except as specifically modified herein. In the event of conflict of terms, the provisions of this
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agreement shall control over the terms of the Request for Proposal, which shall control over the
Proposal.
C. RPI shall be entitled to receive all gross revenues from rental of the Coliseum and
from concessions.
D. City will contribute to the funding of the operations at the licensed premises to the
following limited extent: City will pay an amount not to exceed One Hundred Thirty-five
Thousand Dollars ($135,000) during each contract year in monthly installments of$11,250 to
either RPI or to utility companies, at City's option, to defray utility expenses (as identified in
Article 7) based on actual cost. In the event that utility expenses for any one calendar month are
less than $11,250, the City shall reserve such amount to pay for utility charges in succeeding
months. Any annual remaining amount Jess than $135,000 shall be paid to RPI in September of
each year of the contract; provided, however, that in no event shall City's obligation under this
section exceed the annual amount of $135,000 for each contract year, and RPI shall be
responsible for all utility expenses exceeding said amount.
L RPI shall submit to the City Manager or his designee quarterly reports on the
implementation of RPI's business and marketing plans for the licensed premises, including event
(lays, attendance figures and such other reports as may be reasonably requested by the City
Manager.
F. In the event this agreement is terminated, the City will make a best faith effort to
honor any contractual commitments made by RPI for events at the licensed premises.
G. RPI shall advise City promptly regarding any changes in the Board of Directors,
management of RPT and operating management at the licensed premises fro rn those persons
listed in Exhibit "U'.
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ARTICLE 5.
BOOKS AND RECORDS; AUDITS
A. RPI shall keep and maintain complete and accurate books and records related to
its operations in accordance with generally accepted accounting principles. City shall have the
right, at all reasonable times, to examine RPI's financial records and shall have the right to
conduct or cause to be conducted an audit of said records.
B. RPI at all times throughout the term of this license agreement shall maintain and
deliver to City a schedule showing the maximum charges or rentals, on a rate scale basis to be
charged by Lessee for use of the Coliseum.
ARTICLE 6.
MAINTENANCE- IMPROVEMENTS
A. It is understood and agreed that, except as specifically provided herein, the
licensed premises and all improvements thereon shall be operated and maintained at no expense
to City and that, fair wear and tear excepted, RPI shall operate and maintain, at its sole expense,
the licensed premises including, but not limited to, buildings, improvements, lighting and sound
systems, grounds, and landscaping, in a condition at least equal to the condition of the licensed
premises at the commencement of the term of this license agreement. City shall be the sole
judge of the quality of maintenance of the licensed premises. City's authorized representatives
shalt be permitted to enter upon and IDSPeOt the licensed premises at any time, and City may
deliver to RPI written notice of any itenis of maintenance or repair that City reasonably believes
necessary for compliance with this agreement. If the RPI falls to begin substantial perforniance
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of the specifted repairs within fifteen (15) (lays after receipt of such written notice, City inay, at
its option, cause same to be performed at the expense of RPI or terminate this license agreement
ftathwifli,
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B. City shall, at its expense, maintain the roof and exterior walls of the Coliseum.
The City shall also be responsible for any modifications to comply with Americans with
Disabilities Act (A.D.A.) requirements existing on October 1, 1992. The cost of any future
modifications which may be necessary to comply with local, state, or federal regulations shall be
subject to negotiation between the par-ties.
C. The maintenance of the central power plant used for the heating and cooling of
the Coliseum shall be provided as follows: All preventive maintenance shall be the duty and
obligation of RPI and RPI shall enter into a maintenance contract with a qualified contractor for
this purpose at RPI's expense or scheduled maintenance shall be performed in a manner
approved by the City. RPI shall keep detailed records of such maintenance and supply same
upon request to City. In the event that repairs to the plant are required, RPI shall be responsible
for the cost of such repairs up to a limit of $3,000 per occurrence and a total amount not to
exceed $12,000 per calendar year. City shall be responsible for repairs over and above said
limits, provided such repairs were not necessitated by failure of RPI or its contractor to perform
proper preventive maintenance, in which event RPI shall be responsible for the entire amount of
the cost of repair.
D. In no event shall the central power plant be used at any time to provide heating
and cooling to the facility known as the Exhibits Building, nor to any other property or facility
not owned by the City, without the express prior written approval of the City Manager.
L RPI shall make no improvements, alterations or additions (including without
limitation any trade fixtures) to the licensed prernlises without the prior written consent of the
City Manaoer. All improvements, alterations or additions made by and permanently affixed to
the licensed premises shall become the property of City at the termination of this licensed
agreement; fumiture and fixtures purchased by KPI and located at the licensed premises shall,
remain property of R-P1 unless othenkrise agreed in writing by City and RPI. RPI shall promptly,
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remove, at the termination of this license agreement, if City so elects, all improvements,
alterations, additions or any other property placed in or upon the licensed premises by RPI, and
RPI shall repair any damage caused by such removal.
F. RPI must, in connection with any improvements, alterations or additions
permitted by the City, provide performance and payment bonds or other security acceptable to
the City in order to secure the performance of said work- and the payment of subcontractors.
ARTICLE 7.
UTILITIES
RPI shall pay all utility charges used in or about the licensed premises, including but not
limited to water, electricity, heat, air conditioning, gas and power, to the utility company or other
entity furnishing same, before the same shall become delinquent, or to the City if the utility bill
remains in the City's name, at City's option, except as otherwise provided herein in Article 4.1).
ARTICLE 8.
PERSONNEL
RPI shall, at its expense, provide a sufficient number of adequately trained personnel,
including security personnel, to exercise and perform all activities conducted upon the licensed
premises. The City shall exercise no control over the recruiting, selection, hiring, firing,
terminating and/or compensation of these personnel and the sole responsibility of the same shall
be borne by RPI.
ARTICLE 9.
iND'E'PENDENT CONTRACTOR
It is understood and agreed that the relationship of RPI to City shall be that of an
independent contractor for all purposes and in regard to all matters arising out of this license
agreement, RPI shall operate hereunder as an indeplendent contractor and not as ail. agent,
representative or employee of the City. RPI shall have exclusive control of and the exclusive
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right to control its employees and the details of its operations on the licensed premises and shall
be solely responsible for the acts and omissions of its officers, agents, employees, contractors
and subcontractors. The doctrine Of respondeat superior shall not apply as between RPI and
City, its officers, agents, employees, contractors and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between RPI and City.
ARTICLE 10.
INDENIMTY
RPI covenants and agrees to and does hereby indemnify, hold harmless and defend, at its
own expense, the City, its officers, agents and employees, from and against any and all claims or
suits for property loss or damage and/or personal injury, including death, to any and all persons,
of whatsoever kind or character, whether real or asserted, arising out of or in connection with,
directly or indirectly, the services to be performed by RPI, the occupancy and use of the licensed
premises and any and all activities conducted thereon or the sale and/or consumption of any
food, beverage or other items by RPI, its officers, agents, employees, subcontractors, licensees or
invitees, whether or not caused in whole or part; b the ill d neglig�ijc4� f tj e offic rs
in _9_1 C
servants employees of the City; and said RPI does hereby covenant and agree to indemnify,
defend, and hold harmless the City, its officers, servants and employees for any and all claims or
suits for property loss or damage and/or personal injury, including death, to any and all persons,
of whatsoever kind or character, whether real or assorted, arising out of, the services to be
perfol-Ined, the occupancy and use of the licensed premises and any and all activities conducted
thereon or the sale and/or consumption of any food, beverage or other items hereunder by RPI,
its officers, agents, employees, or subcontractors, whether or not caused in whole orj"-- a_rt�
Pyjh_c alleged negh of the officers servants. or e
C!� es of the Citv. RPI fik vise
covenants and agrees to, and does hereby, indefnnify and hold han-rdless City firom and against
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any and all injuries, damage, loss or destruction to property of City during the performance of
any of the terms and conditions of this Contract, whether arising out of in whole or in part,
any and all alleRed acts or omissions of officers, or employees of the Ci!y.
ARTICLE 11.
INSURANCE
A. RPI shall be responsible for providing all insurance required by the City's REP.
B. All insurance shall be provided by carriers acceptable to the City in an amount no
less than $1,000,000. The City shall be named as an additional insured in the insurance
policy(s), the insurance provided shall be primary insurance as to the City and RPI shall submit
certificates of insurance and a copy of the insurance policy(s) as proof that it has taken out and
maintained such insurance as is required hereunder.
ARTICLE 12.
ASSIGNMENT
A. Assignment. Except as otherwise specifically provided herein, RPI shall not
have the right to assign, in whole or in part, this license agreement or any interest therein,
without the prior written consent of City, and any such attempted assignment without such prior
written consent shall be void. Any such consent shall not be unreasonably withheld.
B. Mortgage. RPI shall have no right to mortgage its interest in this contract or the
licensed premises, nor take any other action which would be the foundation of any lien or
purported lien on the premises. In the event that any purported hen shall be filed, RPI shall take
all necessary steps to extinguish sanne within ten (10) days of such filing.
ARTICLE L-3).
COMPLIANCE WITH LAW
In its use and occupancy of the ficensed prernises, RPI agrees that it shall surictly comply
with all federal, state and local laws, statutes, regulations, charter provisions and ordinances.
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RPI further agrees to obtain and pay for any necessary licenses and permits from any
governmental agency with jurisdiction thereof and to pay lawful taxes on tickets or admissions.
RPI agrees that it will not do or suffer to be done anything on the premises hereof in violation of
such laws, statutes, regulations, charter provisions, ordinances or directives or orders of the
Health, Fire and Police Department of the City of Fort Worth. If City, through its authorized
representatives,I calls the attention of RPI to any such violation on the part of RPI or any person
employed by or admitted to the premises by RPI, then RPI will immediately desist from and take
all reasonable and necessary steps to correct such violation. RPI shall not, on the grounds of
race, color, sex, national origin or handicapped status, discriminate or permit discrimination
against any person or group of persons in any manner prohibited by the laws of the United States
of America, the State of Texas or the City of Fort Worth,
ARTICLE 14.
DEFAULT
A. Default by RPL If RPI shall default in the performance of any obligation
hereunder, the City shall provide written notice thereof to RPl. RPI shall have thirty (30) days to
correct said default. In the event the default is not reasonably susceptible to cure within thirty
(30) days, RPI shall commence remedial action and diligently pursue correcting the default on a
mutually agreed schedule. If RPI fails to correct said default as prescribed, or in the event that
any other person than RPI secure possession of the premises, or any part thereof, by reason of
any receivership, bankruptcy proceedings or other operation of 'law in any manner whatsoever,
City may at its option and without notice. to Rpl, terminate this license agreement, or, in the
alternative, City may re-enter and take possession of said premises and remove all persons and
property thereftorn without being deemed guilty of any manner of trespass and relet the
premises, or any part thereoC for all or any pat-L or, the rernainAer of said ter-ans, to a partV
satisfactory to City, and at such monthly rental as City ri-lay with reasonable diligence be able to
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secure. In the event City exercises the option to terminate the license agreement, re-enter and
relet the premises as provided in the preceding sentence, then City, after giving reasonable notice
to RPI of the intent to take possession and giving an opportunity for a hearing thereon, may take
possession of all of RPI's property on the premises and sell same at public or private sale after
giving RPI reasonable notice of the time and place of any public sale or of the time after which
any private sale is to be made, for cash or on credit, or for such prices and terms as City deems
best, with or without having the property present at such sale. The proceeds of such sale shall be
applied first to the necessary and proper expense of removing, storing and selling such property,
then to the payment of any amounts due or to become due under this agreement from RPI, with
the balance, if any, to be paid to RPI.
All rights and remedies of City under this license agreement shall be cumulative, and
none shall exclude any other right or remedy at law. Such rights and remedies may be exercised
and enforced concurrently and whenever and as often as occasion therefor arises.
B. Default by City. If City defaults in the performance of any obligation hereunder,
RPI shall give notice thereof to City and may elect to terminate this agreement ou giving at least
thirty (30) days' notice in writing to City of such intention, thereby terminating this agreement
on the date designated in such notice, unless: 1) City has cured such default prior to expiration of
the thirty (30) day period; or 2) if said default is not reasonably susceptible to cure within a
thirty (30) day period-, or 3) City has begun,remedial action and continued to diligently proceed
to cu.re, Provided, however, tiflat it is al,reed that PI's sole and excluslivercincdy for default by
City is ten -niination of this agreement in accordance with this section sand release of RPI froth
further of hereunder, and City shall never be responsible for ally monetary danlagCs for
alleged lost profits, consequential darnages, or other damages by reason of such breach.
ARTICLE 15.
NOTICES AND ADDRESSES
All notices required or permitted under this agreement shall be given by certified mail or
registered mail, addressed to the proper party, at the following address:
City: RPI:
City of Fort Worth Rodeo Plaza, Inc.
Attention: City Manager Attention: Holt Hickman.
1000 Throckmorton Street 121 East Exchange Avenue
Fort Worth, Texas 76102 Fort Worth, Texas 76107
ARTICLE 16.
PARTIES BOUND
This agreement shall be binding upon and inure to the benek of the parties hereto and
their respective heirs, executors, administrators, legal representatives, successors and assigns
where permitted by this agreement.
ARTICLE 17.
TEXAS 1,AW'I-'O APPLY
This agreement shall be construed under and in accordance with the law of the State of
Texas, and all obligations of the parties created hereunder are perforniable in Tarrant County,
Texas.
ARTICLE 18,
LEGAL CONS TR UCT ION
In case any one or more of thre provisions conaKed in Mis agresnent shAl for any reason
be hold to be Knvalid, illegal or unenfiorceable in any respect, such invalidity, illegality or
UlIC-11forceability shall not affect any Wher FroAsion la of and this agreementshall be construed
as if such invalid, illegal or-unenkneable provision had ncver been contairicd heft k,
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ARTICLE 19.
AMENDMENT
No amendment, modification or alteration of the terms hereof shall be binding unless the
same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto.
ARTICLE 20.
RIGHTS AND REMEDIES CUMULATIVE
The rights and remedies provided by this license agreement are cumulative, and the use
of any one right or remedy by either party shall not preclude or waive its right to use any or all
other remedies. Said rights and remedies are given in addition to any other rights the parties may
have by law, statute, ordinance or otherwise.
ARTICLE 21.
WAIVER OF DEFAULT
No waiver by the parties hereto of any default or breach of any term, condition or
covenant of this license agreement shall be deemed to be waiver of any other breach of the same
or any other term, condition or covenant contained h-crclrE
AW17 ICLE 22.
VENUE
It is agreed that, should any action, at law or in equity, Prise out of the terms of this
agreement, directly or indirectly, ventic shall lie in Tarrant County, Texas,
ARTICLE 23.
DUE DILIGENTC'1'7'� [NSCI-AIMER OF WARRANTIES
The parties acknowledge that RBI has been given a due diligence period for inspection
and exa-ainat-ion of the premnises as it dcorns necessary and has had an opportunity to ascertain
the fillness of the licensed preln1j'Se. fior the puT-oses of this aareenicilt, RPI ac"knowledoes that
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s id prernises are fi-L fiar such punposes, City expressly disclaiii-ns any atm--t a,11 warrantles arising
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by operation of law or otherwise and specifically disclaims any implied warranty of suitability
and licenses the property"as is"to RPI.
ARTICLE 24.
NON-APPROPRIATION
In the event that funds are not appropriated by the Fort Worth City Council to pay any
obligation of City hereunder, in such event the City shall give written notice to RPI and this
agreement shall terminate without penalty to the City on the last day of the fiscal period for
which appropriations were duly authorized.
ARTICLE 25.
EDA APPROVAL
This agreement shall be expressly conditioned on obtaining any necessary approval
required of the Economic Development Administration (EDA), and if such required approval is
not obtained, this agreement shall terminate upon notice by City to RPI without penalty to either
party.
ARTICLE 26.
EMERGENCY MEDICAL SERVICES
RPI shall be responsible for requiring users of the licensed promises to provide the
appropriate emergency medical services necessary for each event. Any standby an-ibUlance
service inust be provided by the current City of Fort Worth's licenscd ambulance provider in
accoFdance wiffiCity Code Section 5-4.
EXECUTED as of the date and year first above written.
M-1 S,11-
T l o
D��V
CITY O
h q I
H
By: "N"A
_k, Bv:
Gk ia Po-irs'-on, City Secretary
� isaant City'Mana (t/1
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USA
{
Approved as to form and legality: App v c ' ended:
By: By:
ity Attorney kirk N. Slaughter, Director of Public
Events
Date:
RO O PL A, INC.
Contract Authorization By: `
,x
Date
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersign q otri a Notary Public in and for the State of Texas,
on this day personally appeared M' rimer, k'r7ou n to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the
City of Fort North and that he executed the same as the act of the City of Fort Forth for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL,OF OFFICE this (ot< day
of , 2001
�� f BARNES Notary Public in and.for the State of Texas
j NOTARY
i Stare of Tai
Exp.03-31-2006
STATE;OF TEXAS
COUNTY OF TAR ANT
BEFORE ME, the undersig edr uthority, a?hoary Public in and for the State of Texas,
on this clay personally appeared . ` e Imo%sn to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the sane was the act of
Rodeo Plaza, Inc., and that he executed the sane as the act of said Rodeo Plaza., Ine,, for the
purposes and consideration therein expressed and in the capacity therein stated,
GIVEN UNDER FAY HA 4'D AN D SEAL, OF OFFICE thhis _.of 4 2 t02.
�3 J N rP � 1 ' t tea, �u� lic �" _ � b h'� State Texas
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As of DESCRIPTION
Desks;
-�;;,,-Ierical�Desk,Blue—
Executive Desk, Wood, 7206
Executive Desk, Gray,Metal 6004 (Maintenance Office)
-Secretarial Desk
Chairs-
ec High-Back Chair,Black 2
Barrel Side—Chair,—Not—Padded
Side Chairs,Wood
2
Barrel Side Chair,Padded_
Finish V P Area) 123
11 Bar -
�Tall gar—(,,hairs,Natttr-a�l—Fin�ish(\ ---
1093 est
Orange.Plastic Folding Chairs (CC &Billy Bobs) ---------
6
Black Iron 6'6" Wooden Benches
275 est
Green Metal Folding Chairs (Arena Box Seats)
2
'File Cabinets, 4 Drawer
VR47aff
N&s u-S--ite 1--1-1--s-
Rcf&,erator l Freezer, Whirlpool
Metal Stool,Paddied
,
Mark Wipe Board (III front office) -------
Set of Plans (Mccll,, Plumb.,Elc t- s oinewhere in bld,)
Set of Marquee Letters ------- -- -------
Tirne. Clock ------- -ZI,-2
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36" Square Plastic Co a-ted Pic";-c
Tables (in an outside)
( 1aiir Stacking Dolly
3
"Cable Car-Wood c"Po rtable Concession Carts
AIR,-F- n---- Fxtinguislners (Variulls Sizes) ------
---------------
140 gallon RL%bberj'rash Containers
141
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110, X5' pofta'blc �, Ste c! c2d.HeP reen
124 4 1 h gh Roul"Id i 35 C'11-11"ables, i1rown
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Trusses and Lighting:
Dimmers
Dimmer Rack(Sound room downstairs) 2
Electronic Controls for Dii�mer-Rack I
Stage Lights 73 est
TOJ_�Box-Truss
Truss Lift Controls
-Super Trouper Spot Lights (one west side-one cast side) 2
Central Plant/Main Power:
Audio Equipment:
,lM�E Speakers (On Front of Buildi�g_)
Various Mic Cables 7j�u---
merous
,Sound System Installed May 4,2000
Crown MA3600 Power Amp
Crown MA2400 Power Arnp
Crown NIA 1200 Power Arrip
Food & Beverage
3 Drawer Bun Warmei
3 J'ap Keg Beer Dispenser
Post P,.,Ilx Beverage Service vl/lee 1,1114 (Coke prod.)
Series t'j 600 lee MaefflilIC,
fl
13 Conipartment Sink
1I,, ectric 'VVater 11cater, 30 Gallon
3 oT partnient Wooden Cabinet
v
`
Southeast Concession Stand— 1
Roller Grill 3
Post Mix Beverage Service w/Ice Bin (Coke Prod.)
1989 Model Popcorn Machine - Star I
Series#600 Ice Machine -Manitowoc 1
Walk-in Refrigerator -Daeco_
3 Compartment Sink-
Electric Water Heater, 30 Gallon - Stone
3 Compartment Wooden Cabinet
Northeast Concession Stand— 3
3 Tap Keg Beer Dispenser
3 Compartment Sink
Northwest Upstairs Bar—
4 Hole Bar Sink
3 Tap Keg Beer Dispenser
"Gun Styl-l"Beverage Dispensers
Northeost Upstairs Bar—
4 Hole Bar Sink
3 Tap Keg Beer Dispenser- Perlick
-Gin, Sty]-." Beverage Dispensers
South Bar
30" x 72"Wood Desk w/ I Barrel Chair
Walk-
Walk-in Frcezer 20 x 5'
`
Exhibit C
REQUEST FOR PROPOSAL FOR THE
MANAGEMENT AND OPERATION
OF COWToWN COLISEUM
AND RODEO PLAZA
CITY OF FORT WORTH
1. _]BACKGROUND
Cowtown Coliseum is located at 123 East Exchange Avenue in the
Stockyards area on the Northside. it has a seating capacity of
approximately 2 ,500 and is approximately 84 years old. During the
past 15 years the facility has been used primarily for livestock and
rodeo events. Rodeo Plaza (formerly known as North Commerce Street) is
located immediately west of the Coliseum and it consists of a fifty
(50) foot wide right-of-way that extends from Exchange Ave. north to
Stockyards Blvd.
11. gENERAL_PROVTSIONS
Firms submitting proposals should keep in mind the requirement to
comply with the following provisions:
A. Existing Agreements and or Contracts
The City has comr;j.tted to several events in the Coliseum through
successful proposer will be required to 110DOr these
1993� The� -,no J-
commitments. A list of these commitments is shorn a,- bttaqhiWept C.
B. 11istorical and Cultural Zoning Designation
The C I ity of Fort Worth has given the Coliseum a historic and
cultural zoning designation.. As a result, certain limitations have
k
been placed on alteration Of the f ac ility. �t aghment_A sunmarizes
significant portions of the historic and Cultural Zoning ordinance
(No. 10444) . The proposer is encouraged to review the entire
ordinance fo-1- additional information.
C. Texas Antiquities Corunittee's Designation
This State agency has designated the coliseum a historic building.
Attachment -L 011 the 1.initat,ions for alteration of
-Li provides details
the facility.
lffi
D. Cowtown Coliseum and Rodeo Plaza
f ran the EDA to renovate the
As a- condition of grants recCat d signed a Property management
� and Rodeo Plaza, the V a retain title to the
Coliseum City "- ag�eecl t -
asically, the, C, Y ' would be devoted
agr'eement. B their useful I if e and' the facilities service
facilities for - Also, the facilities must provide
to "public purposes. all persons without regard to race, color,
to
without discrimination sful proposer will ilities be
religion, sex or national origin.in. The for the use Of the fac succes
required to execute a License Agreement .
E. National Historical society
national historical building and the successful
The Coliseum is a all regulations as they pertain to the
proposer must agree to follow
14ational Historical Society.
F. Repairs
responsible for any repair to the outside walls
The City will be resPOn er will be responsible for all
and the roof. The successful propos coliseum without
be no alterations to the
airs� There will d compliance with the
other reP* of the City an
prior written approval agencies cited in B, c,,. and E above.
requirements of the
G Tnsu-rancc
Coanercial.. General Liability TnsuranCle
-I"le limit (CSI,} for bodily injury
d sxI
limits - $600, OC)o conbilic e-cfate 000 medical combined $1, 000,000 acjcjr
and property da7ivage
payments; $50, 000 fire legal liability- an additional insured oil
2 . Vie City Of Fort Worth shall be name
the policy-
B. Property insurance Policy (S) (insuring ) its owned or
1. The Lesoc�e shall be responsible for
leased contents. Extended Coverage (or
2. The CitY shall provide Fire and
[uivalent) insurance on the facilities, on a Replacement Cost (RC)
ea Boiler and Machinery insurance on
b'- 'itY S*�Ia-jj irtai-ntain
aais; plLls, the C
the power Plant.
Ii. pentaj Rates to set a fee schedule for
t i t I e d
proposer wij-1 be en xis-jrg contra—S.
T'he SuCcE's�--,ful I ies W�tj-, the exception Of in their
U'Se of -the facilit will be - honored at the rates specif ied
ey,isting contracts tracts.
re'spe-tive aqreements or con
1. concessions
The successful proposer will be responsible for operation and
control of all concessions/catering , in the Coliseum and Rodeo Plaza.
J. Budget
Each proposal must include a detailed budget for each year of the
initial term of the contact. Proposed expenditures, and anticipated
revenues and any City cost participation, if required must be included
in line item form.
K. Hours of Operation
The I successful proposer will maintain such hours as necessary so as
to obtain maximum utilization and exposure for the use of the
facilities by the public. The normal hours of operation should be
posted in areas readily accessible to the public.
L. Equipment
The City will retain all rights and ownership to the office
furniture and facility equipment. The successful proposer may
separately negotiate with the City for the use any of the equipment.
Will be returned to the City at the
7,,ny equi-puent used by the Propose-
-r-
end of the contract period in 9(.-)od working condition. The HVAC system
will not be operated during those clays when events are not scheduled.
Exhibits Building unless
not 1:)e use
The 11VAC systc-Mwil-I a to cool the Y
authorized in writina by the city manager' s office.
M. Length of the Contract
The initial to of the management/operation contract will be for a
period of three years with two one year renewal options. At the end
of the contract period, the proposer will leave the Coliseum and tenet
facilities in the same or better condition.
N. Financial Audits
The proposer at their own expense Will provide the City on an
annual basis a financial statement prepared by an independent auditor.
The City reserves the right to audit the proposers, financial records
at any time by the City's Internal Audit Department.
3 .
U
0. Facilities
successful proposer will have the responsiby for the
The s management and -concessions for - _CO_WtOwn -CO)Aseum and Rodeo
operation, ge proposer may kds- The
EI�Iza area of - the stocyarsuccessful ed with the �written consent of sub-lease the
any part of the facilities -as requIX of the area containing the
City. See attachment R for a nap
facilities.
nV THE PROPOSAL proposal should include at a
An overall management/operations
minimum:
A. Background of the management team and experience of the proposer in
managing facilities of this type• indicate that necessary
B. Financial data/statement that Will successful
undertake this contract. The
resources are' available to projection to
proposer should also submit a three year business
include expenses and revenues.
provide details on how the facility
C. A management plan that W'll and days of operation.
including the proposed hours
will be managed, pportunitY Employer.
er must be an Equal 01 -
The successful proposer
D. A riarketjnq plan that will Show how the proposer plans to attract
customers and events to the Coliseuf"
E. proposers ,ay 11, furnish to the city a proposal(s) for either western
use or general use I or both.
F. An indication that the GENERAL "
PROVISIONS in section 3:1 will be
complied with, or an explanation of any excePtis-
uncil :gay require a performance bond or other sur,�ty
G. The Cite CO
frorn the successful proposer.
IN. ,IpN PILIQCESS C 'Mmittee will evaluate proposals and nake
A ' staff selection 0
recommendations to the City Manager
B. Selection of I the firm/proposer to mange and operate the Coliseum
J_ lity of the proposal, benefits
a wiI3, be based on the qua ctives, benefits to the CitY,
and Rodeo Plaz Je .
to the stockyards area redevelopruent 011* of the proposer as
and the experience xperiene and financial s�-abilitY -e
,P Fort Worth, whose decision shah
evaluated solely by the City OL
f"kJ
final.
C. The City reserves the right to reject any and all - proposals, the
right to 'Waive' 'any requirements, to ,negotiate provisions and to award
in the best interest of the City. All . proposals that are submitted
become the sole property of the City.
V. SCHEDULE OF INFORMATION
Five (5) copies of the proposal should be submitted to:
City Manager's Office
Attn: Bob Terrell
1000 Throckmorton Street
Fort Worth, Texas 76102
Ref: Yanage,ment/Operation of Cowtown Coliseum and Rodeo Plaza
and should be received no later than 5: 00pm on .August 21, 1992.
Oral presentations/interviews or, other additional inforxaation may be
requested of selected proposers that are chosen as finalists and may
be used at the discretion of the City.
For 'more, information or to schedule a tour of the facilities please
contact Paul Sweit,/er at 871-8507 .
5
J
Attachment A
1 of 2
CITY OF FORT WORTH
summARY OF HISTORIC AND. CULTURAL ZONING REQUIREMENTS
NO. 10444)
1. The "HC" Historic and Cultural Landmark subdistrict is created as
a subdistrict to provide for the protection and preservation of
places and areas of historic and cultural importance . and
significance.
2. The "HC" Landmark Commission submits recommendations to the
zoning Commission who in turn makes recommendations to the City
Council.
3 . The Commission has designated a Permit Committee composed of the
three (3) appointed Board members, the Building Official and the
Planning Director.
4 . The Permit Committee reviews all applications for permits to
construct, alter, reconstruct, modify, remove or demolish any
structure or. site for conformance to guidelines and other
provisions of the ordinance and instructs the Building Official
to grant or deny the applications according to their findings.
5. Instruction to grant an application � a_11. only be made upon
affirmative vote of three. (3) members of the committee, the
decisions of the Permit Co mndttee shall be the same as if made by
the Commission.
6. hny work which involves new construction, alterations, additions,
or modific=ations of any structure or portion of a structure on
any sate, including paint and signs, within an "He,, subdistrict
shall require a permit. permit fees are established in the
Building Code. applications are revi-ewed .by the Permit Committee
Prior to the issuance of permits°
t and. wall covering: (paints and
7� All graphic elements signs
other) should reinforce the architer3ural integrity of the
building and will be in accordance with the guidelines
established for the subdistrict.
paint or sign shall be applied, erected or altered- without a
permit f -oir,
the Building Official . Applications will b
acc:onpanied by paint samples or an the case Of sJ gns, plans,
drawings, shape, color and location of the proposed sign will be
submitted.
Attachment A
2 of 2
9. Public works, and Public Utility projects constructed above ground
within an IIHC" subdistrict will be reviewed by the "HC" Landmark
Commission and found to . be appropriate to the character of the
subdistrict before approval.
J
10. ordinary maintenance which does not alter or affect the historic
value or character of a structure or site is exempt from these
provisions.
.
}
Attachment B
SUMMARY OF
TEXAS ANTIQUITIES COMMITTEE REGULATIONS
OFFICE OF THE STATE ARCHAEOLOGIST ,
CHAPTER 41. PRACTICE AND PROCEDURE EXCERPTS
1. It is the policy of this committee to locate, protect and preserve
all sites, objects, buildings, pre-twentieth century shipwrecks,
and locations of historical, archaeological, educational, or
scientific interest that relate to the inhabitants, pre-history,
natural history, government, or culture in, on or under any of the
land in the State of Texas. Such sites, when designated by this
committee are considered State Archaeological Landmarks (SAWS) .
2. All SAL'S may not be altered, damaged, or destroyed without a
permit from the Texas Antiquities Committee (TAC) .
3 . Historical preservation permits are issued if:
A. The owner has demonstrated an ability to carry out proper
activities involving preservation, stabilization, recon-
struction, rehabilitation or restoration;
B. The owner has retained a qualified preservation architect
(or a firm with such an individual on staff) . to Supervise
the project;
C. The owner Provides proof that adequate funds, equipment,
foci are available to properly conduct
-ties and personnel
the proposed project.
4 . Required information for a permit application:
A. 1iLJL nLo r_ V7 o r k (Protection, stabilization, preservation)
requires a report detailing project description and
justification. This must be submitted one (1) month
before the project's starting date.
V. r Work (rehabilitation,restoration and reconstruction}
requires the _ubrdssjon of:
A report giving justification, description and date
of project (-with proper historical documentation) ;
2 . Prelirilinary plans and specifications;
3 . Construction Cost data.
se, for construction bids only after the
5. The owner ray adve t rti
permit is granted,
n
U
Attachment B
6. Several categories of permits, oriented toward specific types of
work are issued by TAC.
Desictned -. for the purpose of
A. Reconnaissance�o rt_Su r eV 'Work
s ss lit of cu Ural
se me resource of a specific area.
is Limited to recording '- site locations, mapping,
photography, controlled surface sampling and limited site
testing. Site data will be recorded in the format adopted
by TAc and returned to the committee for uniform data
processing. Specific requirements are included in the
permit.
B. Allows detailed examination including systematic
test excavations of a particular site or area. Testing
must be oriented toward sampling a representative portion
of a site. Specific requirements are included in the
permit.
C. _Excavation - This permit covers extensive 'excavation of a
site. Specific requirements are included in the permit.
D. Destruction - Under exceptional circumstances, when all
preservation alternatives have been exhausted, and the
public welf are- clearly requir es destruction of a SAL, the
committee may issue a destruction permit after thorough mitigation has been accomplished.
7 . Anyone Working at the site of a SAL will have a copy of the
permit available during all working hours
S. usually no permit will be granted for a period of more than one
(i) year, but if work has been diligently pursued under the
permit, the time may be extended upon the applicant showing good
cause.
9 NO permit issued by the comnittee will be assigned or transferred
by the permittee, in whole or in part, to any Other institution
or organization,
10. Any ruember or agent of TAC and any other Person in charge of land
owned or controlled by the State, ruay at any time visit the area
or site under permit. Such a representative of the 11 State may
examine the permit as well as any field records.
11. Site farms for all sites recorded as a result of activitic-,
through an antiquities pernit will be completed and submitted to
TAB' upon completion of field work. Standard State site survey
forms Willi be used.
9.
R-1,
Attachment B
12. Failure to comply with TAC's rules and regulations or failure to
properly conduct or complete the project, will result in
immediate cancellation of the permit as notified by registered
letter. Upon notification of cancellation, the permittee shall
cease ase work immediately, remove .all personnel and equipment, and
vacate the site within 24 hours. A permit which has been
cancelled can be reinstated by TAC if good cause is shown within
30 days.
140TE: The Antiquities commits created by the Antiquities cond Code ca of
I ts of the 61st Legis lature, Selled
Texas, Senate Bill No. 58 , Ac and
Session, 1969 , codified as rticle 6145-9 in Vernon's Civil
Code, as Title 9, statutes Chapter, ,
191
recodified in the Texas NatAural Resource
effective "September 1, 1977.
10.
EXHIBIT "D11
Rodeo Plaza, Inc.
121 East Exchange Avenue
Fort Worth, Texas 76106
(8 17) 625-1025
January 15, 2002
Honorable Mayor and City Council
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
Dear Mayor and City Council Members:
Rodeo Plaza, Inc. hereby requests that the License Agreement for the management and
operation of CoNvtown Coliseum and the adjacent supporting property be renewed,
extended and modified as we have discussed with the City Manager's Office. Rodeo
Plaza, Inc. is aTexas Corporation owned and managed by the following individuals:
Holt Hickman President and Director
Steve Murrin, Jr. Vice President and Director
Billy Minick Vice President and Director
Don Jury Secretary—Treasurer
We would be happy to provide any additional information about Rodeo Plaza, Inc. that
you may desire.
Sincerely,
Rodeo Plaza, Inc,
Donald K. Jury
DKJ,/Skk
T=
City of Fort Worth, Texas
Mayor arld Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
2/12/02 C-18960 I 25COLISEUM 1 of 2
SUBJECT REQUEST APPROVAL OF LICENSING AGREEMENT WITH RODEO PLAZA, INC.
FOR OPERATION OF COWTOWN COLISEUM
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a License Agreement
with Rodeo Plaza, Inc. (RPI) for the rights to manage and operate the Cowtown Coliseum, the adjoining
run-out barn, and the outside arena.
DISCUSSION:
On September 29, 1992 (M&C C-13564), the City Council authorized giving RPI the authority to
manage and operate Cowtown Coliseum and Rodeo Plaza beginning October 1, 1992. To date, RPI
has continued to operate within the terms of the original License Agreement.
Under the terms of the attached contract, the management and operation of the pedestrian walkway,
Rodeo Plaza, and the gazebo would return to the City. The general conditions of the attached contract
provide for:
• An annual payment of $135,000 paid on a monthly basis against utility costs. Any remaining
balance from the allocation is to be paid to RPI in September of each contractual year. The
maximum expenditure is $135,000; and
• The agreement covers a five-year period at $135,000 annually, subject to appropriation, and
includes additional renewal options; and
• The City assumes responsibility for structural and other modifications required by the American
Disabilities Act as identified on October 1, 1992. Further modifications that may be required
would be subject to negotiation between the parties; and
• The agreement requires RPI to cause scheduled maintenance of the central air system and
requires the first $3,000 in repairs to be at their expense (per occurrence) with an aggregate
annual stop loss of$12,000. l
i
1
i
City of Fort Worth, Texas
Mayor and Council oninlunic3tiO 1
DATE REFERENCE NUMBER LOG NAME -i5�
25COLISEUM 2 of 2
2/12102 C-1 8960
SUBJECT REQUEST-APPROVAL OF LICENSING AGREEMENT WITH RODEO PLAZA, INC.
FOR OPERATION OF COWTOWN COLISEUM
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the General Fund.
MG:k
ACCOUNT I CENTER AMINIOUN18T 1 _CITY SECRETARY
Submitted for City Manager's ACC NI
Office by: (to)
:
Mike Groomer 6140:
Originating Department Head�-
A
Kirk Slaughter 2501 (from PPROVED 02/12/02
)
5391120- 0251000 $135X0.00
dam an