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Home My WebLink AboutContract 41468-A1 FORTWORTH Ins oHr M W a0. PUBLIC EVENTS DEPARTMENT/WILL ROGERS MEMORIAL CENTER 3401 WEST LANCASTER AVENUE, FORT WORTH, TEXAS 76107 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 41468 A LICENSE AGREEMENT WITH EQUINE MARKETING GROUP, INC. DBA REICHERT CELEBRATION This AMENDMENT TO CITY SECRETARY CONTRACT NO. 41468 ("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 EQUINE MARKETING GROUP, INC. DBA REICHERT CELEBRATION ("Licensee"), acting herein by and through its President. WHEREAS, on February 10, 2011, City and Licensee entered into City Secretary Contract No. 41468 (the "Contract") for the purpose holding the Reichert Celebration (the "Event") at certain facilities in the Will Rogers Memorial Complex; WHEREAS, it is the mutual desire of City and Licensee to amend the Contract to (1) add the new Equestrian Multi-purpose Building to the list of Facilities for the Year 2012 Event and all future show years included in the Contract, and (2) provide for the rental rate schedule for the exercise arenas in the Equestrian Multi-purpose Building. NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS That City and Licensee for and in good and valuable consideration of the mutual conventants and agreements contained herein, do mutually covenant and agree that the Contract is hereby amended as follows: 1. Addendum A, FACILITIES, B. YEAR 2012 THROUGH 2015 is hereby amended to add the Equestrian Multi-Purpose Building, which includes exercise arenas and all stalls only, to the list of Facilities available to Licensee at the Will Rogers Memorial Center for the Event for the remainder of the Contract. 2. Addendum A, RENTAL RATE SCHEDULE, 1. YEARS 2011 through 2015 is hereby amended to add new Subsection 11, which sets forth the rental rate schedule for the for the exercise arenas in the new Equestrian Multi-purpose Building. Subsection 11 of Addendum A, RENTAL RATE SCHEDULE, shall read as follows: questrian Multi-Purpose Building Exercise Arenas (Two 1 00' x 200') OFFICIAL RECORD • $500 - per arena, per day CITY SECRETARY • $1,000 - per arena, per day (if fewer than 800 city-owned stalls are rented)" FT. WORTH, TX 3. All terms in this Amendment that are capitalized but not defined shall have the meanings assigned to them in this Amendment. 4. All terms and conditions of the Contract that are not expressly amended pursuant to this Amendment shall remain in full force and effect. First Amendment to CSC 41468 Page 1 of 2 5. This 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. IN WITNESS WHEREOF, the 131 have executed this Amendment on this day of L Z J/U 12012. a�OOpOO°oo°� 'Vol. ATTEST: promo° °o OF FORT WORTH By. ity Secretary °° °o°O*� Alanis ° a� j• °OOOOa° p Assistant City Manager By: No Mw Approval Recomm d d: Contract Approved as to form and legality: By: Sarah Fullenwider, City Attorney Kirk N. Slaughter Director of Public Events By: Tyler`Wal � Assistant Attorney EQUINE MARKETING GROUP, INC., DBA REICHERT CELEBRATION Terry c roe By: illri)5� 4.'k-Relicbeff OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX NO M&C REQUIRED First Amendment to CSC 41468 Page 2 of 2 TERM SHEET REGARDING USE OF EVENTS FUNDS FROM THE STATE OF TEXAS UNDER TEX.REV.CIV.STAT.ART.5190.14§5A 1. Parties to and Term of the Agreement 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 National Cutting Horse Association("NCHA"). The Agreement shall be effective as of the date that it has been executed by a duly authorized representative of both the City and the NCHA and shall expire on September 1, 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 the NCHA 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 a Major Events Trust Fund (an "METF") for the Event under the provision of Texas Revised Civil Statutes, Article 5190.14 § 5A(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 METF, which funding is intended to trigger the State of Texas contribution to the METF(s)under the terms of the Act. 3. Scone of Agreement. NCHA will use commercially reasonable efforts to host the NCHA Triple Crown (the "Event"), which is comprised of the three shows listed below, at the Will Rogers Memorial Center located at 3401 W. Lancaster Avenue, Fort Worth, Texas 76017, during the Term of the Agreement. NCHA will pay the City an amount equal to any City contribution to the METF. • World Championship Futurity, • Super Stakes and Super Stakes Classic, and • Summer Cutting Spectacular 4. Distribution of Funds. Funds from the METF 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 NCHA for reimbursement of NCHA's expenses related to the Event unless NCHA has any outstanding obligations owed to the City pursuant to any contract with the City. 5. Economic Impact Studies NCHA will, at NCHA's sole cost and expense, commission any Economic Impact Studies for submission to the Comptroller pursuant to and in accordance with the Act. 6. Reveal or Modification of the Act OFFICIAL RECORD CITY SECRETARY t ; FT. WORTH, TX 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 Event no longer qualifies for distribution of the METF 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 modified during the Term of the Agreement and such modification materially affects the financial benefits of either party under the Agreement, the City and NCHA 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. Counterparts 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 20/Z, CITY OF FORT WORTH NATIONAL CUTTING HORSE ASSOCIATION 6 BY. P � �"l/LZ By: S san Alams Alan Steen ssistant City Manager Executive Director Approval Rec ende By: k N. 1 ghter Director of Public Events Approved as to form and legality: By: T r F. Wallach Assistant City Attorney Oa '0 0000)�d ATTEST: R�o o'Ad B y PPP o odd 0 0o rZ A J. Kay o°o o°*XY City Secre a� Al °000000 a OFFICIAL RECORD CITY SECRETARY ii FT. WORTH, TX Mills, Stephanie From: Reeves, David Sent: Tuesday, June 19, 2012 8:27 AM To: Mills, Stephanie Subject: RE: Contract Question Hi Stephanie, You can keep it with the amendment. Thank you for checking! David Reeves Sales Manager Will Rogers Memorial Center 3401 W Lancaster Ave, Fort Worth, TX 76107 817.392.8160 direct * 817.372.9733 cell * 817.392.2755 fax david.reeves@fortworthtexas.gov From: Mills, Stephanie Sent: Tuesday, June 19, 2012 8:11 AM To: Reeves, David Subject: Contract Question Good morning, Regarding the First Amendment to CSC 41468,A License Agreement with Equine Marketing Group, Inc. DBA Reichert Celebration, with this contract, it had a Term Sheet Regarding Use of Event Funds from the State of Texas. Does this just stay with the amendment or does it need a separate contract number? THANKS, M1 ADMINISTRATIVE TECH ICI, ICON A S CITY SECRETARY'S OFFICE 3RO FLOOR C17Y HALL (217)392-6090 STEPHANIE MILLS(i>,FORTWIRTHTEXAf.GGV 1