HomeMy WebLinkAboutContract 41468-A2 L ��`
FORTWORTH CITY SECRETA10f
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PUBLIC EVENTS DEPARTMENT/WILL ROGERS MEMORIAL CENTER
3401 WEST LANCASTER AVENUE, FORT WORTH, TEXAS 76107
SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 41468
A LICENSE AGREEMENT WITH REICHERT CELEBRATION, INC.
This SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 41468, as amended, ("Second
Amendment") is made and entered into by and between the CITY OF FORT WORTH ("City"), a home-rule
municipal corporation of the State of Texas, acting herein through its duly authorized Assistant City Manager, and
REICHERT CELEBRATION, INC. ("Licensee"), an Iowa corporation, acting herein by and through its duly
authorized President.
WHEREAS, on or about February 10, 2011, City and Equine Marketing Group, Inc. ("EMG") entered into
City Secretary Contract ("CSC") No. 41468 for the purpose of holding the Reichert Celebration ("Event") at certain
facilities in the Will Rogers Memorial Center;
WHEREAS, on June 18, 2012, the City and EMG amended CSC No. 41468 for the purpose of adding the
Equestrian Multi-purpose Building to the list of Facilities and providing the rental rate schedule for the exercise
arenas in the Equestrian Multi-purpose Building, the same being CSC No. 41468-A1;
WHEREAS, on or about °'"` `° f. 2014, EMG assigned, transferred, and conveyed all of its
rights, duties, and obligations in, to, and under the Contract to Licensee, who accepted such assignment and
assumed all of the rights, duties, and obligations of EMG under and agreed to be bound by the terms and
provisions of the Contract;
WHEREAS, the City and Licensee wish to modify the dates for the Event for years 2014 and 2015 and
the payment structure for shavings and R.V. parking for the 2014 and 2015 Event; and
WHEREAS, it is the mutual desire of City and Licensee to amend CSC No. 41468, as amended by CSC
41468-A1 (collectively,the"Contract"), to modify the Event dates for the 2014 and 2015 Event.
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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, the City and Licensee do mutually covenant and
agree that the Contract is further amended as follows:
1.
Addendum A, FACILITIES, subsection "B. YEAR 2012 through 2015", sub-subsections "YEAR 2014" and "YEAR
2015" shall be amended for the purpose of modifying certain Event dates for 2014 and 2015 and read as follows:
"YEAR 2014
Y August 11: Move in to designated office areas, arenas and commercial exhibits areas by
show staff and show decorator ONLY at no charge
® August 12 -13: Move in and exercise beginning at 8:00 a.m.
Any livestock arriving on show grounds prior to 8:00 a.m. Tuesday August 12 2014
will be considered early arrivals.
® August 14 - 17: Pony of the Americas Show Dates (only in Will Rogers
Coliseum/Burnett facilities)
• August 18 -September 1: Event show dates
September 2: Move out must be completed by 12:00 a.m. • ...............a.,
OFF! 3AL RECORD
Second Amendment to CSC 41468 F11. ORTH9 T),,,; of
YEAR 2015
• August 10: Move in to designated office areas, arenas and commercial exhibits areas by
show staff and show decorator ONLY at no charge
• August 11: Move in and exercise beginning at 8:00 a.m.
Any livestock arriving on show grounds prior to 8:00 a.m. Tuesday August 11 2015
will be considered early arrivals.
• August 12 -31: Event show dates
• September 1: Move out must be completed by 12:00 a.m."
2.
Addendum A, PAYMENT SCHEDULE, subsection "2. YEARS 2012 through 2015" shall be amended for
the purpose of modifying the payment structure for shavings and trailer and R.V. parking for 2014 and 2015 and
read as follows:
"2. YEARS 2012 through 2015:
a. Licensee shall pay a $5,000.00 partial facility rental payment by no later than
February 1St of each contracted year.
b. Licensee shall pay a $20,000.00 partial facility rental payment by August 1St of
each contracted year.
C. On or before the final day of the Event for years 2014 and 2015, Licensee shall
pay the City, in full, all amounts owed to the City concerning shavings and R.V.
parking.
d. Licensee shall pay in full any remaining balance owed to the City within 30 days
after receipt of a final invoice from the City detailing any and all such amounts
owed pursuant to the terms of this License Agreement.
3.
Addendum A, ADDITIONAL LEASE TERMS, subsection 1. SHAVINGS" shall be amended to read as
follows:
"1. SHAVINGS
• City retains the exclusive right to sell all shavings for the Event, and Licensee
agrees to pay the City for any and all shavings at the prevailing rate set by the
Director of the Public Events Departments or that person's designee.
• Licensee and/or any exhibitor who brings shavings into Event grounds or
facilities without the written consent of the Director of the Public Events
Department or that person's designee and/or in direct conflict with the exclusive
rights of the City, will be fined $5.50 per bag of shavings based on the equivalent
of a 3 %cubic foot bag. The total fine amount will be at the sole discretion of the
Director of the Public Events Department."
4.
All terms in this Second Amendment that are capitalized but not defined shall have the meanings
assigned to them in this Contract.
5.
All terms and conditions of the Contract that are not expressly amended pursuant to this Second
Amendment shall remain in full force and effect.
Second Amendment to CSC 41468 2 of 3
6.
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.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on this day of
2014.
CITY OF FORT WORTH REICHERT CELEBRATION, INC.
By.
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Susan Alanis Ter` hr e er
Assistant City Manager "resident
Approval Reco ded:
By:
Kirk N. Slaughter
Director of Public Events
APPROVED AS TO FORM AND LEGALITY:
Tyler VY411ac L „
Assist° t City Attorney
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AGREEMENT AUTHORIZATION:
No M&C required
OFFICIAL rRECORD
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Second Amendment to CSC 41468 „.. 3 of 3