HomeMy WebLinkAboutContract 31533 Ci T Yf c'R—FRETARY
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CITY OF FORT WORTH �--
PUBLIC EVENTS DEPARTMENT
WILL ROGERS MEMORIAL CENTER
3401 W LANCASTER AVENUE
FORT WORTH, TEXAS 76107
LICENSE AGREEMENT
NATIONAL CUTTING HORSE ASSOCIATION
2005 through 2009
THIS AGREEMENT and Addendum 'A" attached and incorporated herein are
made and entered into this day of ) , 2005, between the CITY OF FORT
WORTH, a home rule municipal corporation of the State of Texas, located in Tarrant,
Denton, and Wise Counties, Texas, (hereinafter referred to as the "City") acting by and
through its duly authorized Assistant City Manager, and National Cutting Horse
Association, 260 Bailey Avenue, Fort Worth, Texas 76107, (hereinafter- referred to as
"Licensee,") acting by and through its duly authorized representative.
AGREEMENT
1. FACILITIES
City agrees to rent to Licensee, for the purpose of holding the National Cutting
Horse Association - Super Stakes and Super Stakes Classic, Summer Spectacular
and World Championship Futurity, (hereinafter referred to as the "Events") the
Facilities particularly described in Addendum A, said Addendum being attached
hereto and incorporated herein by reference. Subject to the conditions, limitations
and restrictions of this License Agreement, Addendum A and any addendums,
Licensee may occupy and use the City of Fort Worth owned facilities herein
described, including contiguous common areas (and other such areas as agreed
upon) necessary to accommodate patrons, for the above stated purpose.
In the event the City shall fail to perform its part of this License Agreement or any
part thereof, by reason of act of God, labor dispute, or the interruption or
curtailment of any utility service (gas, electric, water or sewerage disposal), or
through negligent or intentional acts solely caused by persons, associations, or
corporations other than the City or its duly authorized agents, the Licensee shall not
be entitled to claim damages against the City for default occasioned by any of the
causes aforesaid. The City shall have the right to determine th brtionate
abatement of rent during the period of untenantability.
03-25-05A09 :)0 RCVO Page 1 of 13
2. TERM AND RENTAL FEE
The term and the rental amount of this License Agreement shall be for the time
period and amount agreed upon between the parties as set forth in Addendum A.
All payments and/or other funds received by City are non-refundable.
3. OUTSIDE SUBCONTRACT PERSONNEL
Licensee shall, at Licensee's own expense, provide all necessary and adequately
trained personnel, including, but not limited to, ticket-sellers, ticket-takers, ushers,
floor managers, stage crews (other than Public Events Department technical
personnel), electricians, technicians, carpenters, machine operators, and any and
all other personnel necessary in the promotion and presentation of the Events.
City reserves the sole and exclusive right to designate the contractor or contractors
to perform certain required and necessary functions at the Premises, including, but
not limited to, ushers, security guards, sound & light technicians, electricians, valet
parkers, and paramedics. When City does not designate a specific contractor for
the provisions of such services, Licensee shall employ sufficient personnel for the
provision of the necessary services. The designation of such personnel shall be
subject at all times to the approval of the City, but said approval shall not be
unreasonably withheld.
Upon either oral or written notice from the City, the Licensee will immediately
remove and replace any employee that fails to maintain a satisfactory level of
performance or fails to meet the acceptable standards of the City. Such standard
will be determined in the sole discretion of the Director of Public Events or his
designee. If, upon notice, Licensee fails to immediately remove and replace such
employee, the City retains the right to remove from the Premises any objectionable
employee or employees of the Licensee.
City assumes no responsibility for said personnel and Licensee hereby expressiy
releases and discharges City from any and all liability for any property
damage or loss and/or personal iniury, including death, arising out of or in
connection with, directly or indirectly, the occupancy and/or use of the leased
Facilities and any and all activities conducted thereon, that are sustained by
reasons of the occupancy of said buildings under this Agreement, except
caused by the sole negligence of the City. Nothing herein shall be construed as
creating a principal/agent, or employer/employee relationship between the City and
Licensee's subcontracted personnel.
Page 2 of 13
4. CONCESSION/SOUVENIR RIGHTS
The City reserves all concession, food and beverage, novelty and souvenir rights,
except National Cutting Horse Association Show programs and logoed
merchandise. Any matters not herein expressly provided for shall be left to the
discretion of the Director of Public Events or his designee with the exception of
National Cutting Horse Association approved commercial exhibitors and the resale
of items related to the horse industry or promotion of the National Cutting Horse
Association.
Licensee must comply with City of Fort Worth and Will Rogers Memorial Center
food and beverage requirements and must contract with the current contracted
vendor to handle all concession services as well as alcoholic and/or soft drink
beverage services.
5. CATERING
All caterers who wish to provide services for any reception, luncheon, party or
function where food or beverages are to be served and/or consumed on the
licensed Facilities must be approved by City at least thirty (30) days prior to any
food or beverage function. It is Licensee's responsibility to provide the City with the
name, address and contact person of the Caterer chosen by the Licensee no later
than thirty (30) days prior to the food or beverage function. All caterers must pay
the City of Fort Worth a percentage of food and beverage charges, based on their
gross invoice.
City may refuse to honor the request for any reception, luncheon, party or function
where food and/or beverages are to be served and/or consumed on the licensed
Facilities if the Licensee fails to notify the City of the Caterer's name, address and
contact person within the required time frame.
At the option of the City, the City may assess Licensee a One Thousand ($1,000)
Dollar per function charge to Licensee for the failure of the Licensee to obtain City
approval of the function where food and/or beverages are to be served at least
thirty (30) days prior to the event.
6. ACCEPTANCE OF FACILITIES
Licensee agrees that Licensee has examined the Facilities prior to the execution of
this License Agreement and is satisfied with the physical condition of the Facilities.
Licensee's taking possession of the Facilities for the Event shall be conclusive
evidence of its receipt of the Facilities in a safe, sanitary and sightly condition and
in good repair, except for those conditions which the Licensee provides City written
notice of before Licensee takes possession of the Facilities. Licensee agrees the
illuminated sign above the clock in the Coliseum shall remain lighted and visible at
all times during the term of this License Agreement.
Page 3 of 13 FT,
7. CARE OF FACILITIES
Licensee, at Licensee's own expense, shall keep the Facilities and maintain all
equipment and other properties of City in a safe, sanitary, sightly condition and in
good repair, and shall restore and yield said Facilities, equipment, and all other
properties belonging to the City back to City at the expiration or termination of each
of the yearly lease terms of this License Agreement in good or better condition as
existed at the commencement of this License Agreement and in which Licensee
found them, ordinary wear and tear (including damage by acts of God or other
causes beyond the control of Licensee) excepted.
Licensee will not do or permit to be done any injury or damage to any buildings or
part thereof, or permit to be done anything which will damage or change the finish
or appearance of the Facilities or the furnishings thereof or any other property
belonging to the City by the erection or removal of equipment or any other
improvements, alterations or additions. No decorative or other materials shall be
nailed, tacked, screwed or otherwise physically attached to any part of the Facilities
or to any of the furnishings or fixtures of the City without the consent of the City.
Subject to ordinary wear and tear, Licensee will pay the costs of repairing (to its
condition immediately preceding the occurrence of such damage) any damage
which may be done to the Facilities or any of the fixtures, furniture or furnishings by
any act of Licensee or any of Licensee's employees, agents, officers, or anyone
visiting the Facilities upon the invitation of the Licensee including the patrons of the
attraction or function for which Licensee hereby is leasing the Facilities. The City
shall determine in its sole discretion whether any damage has occurred, the
amount of the damage and the reasonable costs of repairing the damage, and
whether, under the terms of the Agreement, the Licensee is responsible. City shall
be the sole judge of the quality of the maintenance and/or damage of the licensed
Facilities, furnishings, fixture or furniture by the Licensee. The cost of repairing and
damage to the Facilities shall be immediately due and payable by the Licensee
upon Licensee's receipt of a written invoice from the City.
City does not relinquish the right to control the management of the Facilities, or the
right to enforce all necessary and proper rules for the management and operation
of the same. City, through its Manager, police and fire personnel and other
designated representatives, has the right at any time to enter any portion of the
Facilities (without causing or constituting a termination of the privilege or an
interference for the possession of the Facilities by the Licensee) for any purpose,
provided this shall not authorize or empower City to direct the activities of the
Licensee or assume liability for Licensee's activities.
Page 4 of 13
8. CITY OF FORT WORTH OWNED EQUIPMENT AND
PUBLIC EVENTS DEPARTMENT LABOR
Licensee and City understand that, depending on availability and at the discretion
of the Director of Public Events or his designee, the City will not assess a rental
charge for some CITY OWNED equipment such as chairs, stages, lights and/or
sound equipment. A rental charge will be assessed for any tables used at all
events except those events that are catered. Licensee shall pay for Public Events
Department technical personnel in the number and manner prescribed by City to
work all events using staging, lights, amplified sound or related equipment.
Licensee will be billed actual labor costs for set up and removal of all equipment.
9. PROPERTY LOSS
City assumes no responsibility for any property placed in said buildings or any part
thereof by the Licensee or any agent, officer, and/or employee of the Licensee.
Licensee hereby expressly releases and discharges City from any and all liability
for any property damage or loss and/or personal injury, including death, arising out
of or in connection with, directly or indirectly the occupancy and/or use of the
leased Facilities and any and all activities conducted thereon sustained by reasons
of the occupancy of said buildings under this License Agreement.
10. REMOVAL OF DISORDERLY PERSONS
City, through its Manager, police and fire personnel and other designated
representatives, retains the right to remove from the Facilities any and all such
employees, agents and/or officers of Licensee and the right, with its officers and
agents, including its police officers, to eject any objectionable person or persons
(including an employee or employees of the Licensee) from the Facilities or any
other of its facilities. In the event of the exercise of this authority, Licensee hereby
waives any and all claims for damages of whatsoever kind against the City of Fort
Worth, its officers, or employees on account of said removal.
11. ELECTRICAL
City agrees to furnish, in the opinion of the City's designated Manager (the
Manager) of said buildings, from onset of usage, the necessary light and existing
electrical power for ordinary use including, but not limited to, heat and/or air
conditioning sufficient to make the buildings comfortable, and water for ordinary use
of the appliances installed. City shall not be responsible for accidents and
unavoidable delays.
Page 5 of 13
It is understood that the City of Fort Worth enforces the 2002 National Electrical
Code with local amendments to ensure the public is not exposed to electrical
hazards. Extension cord usage must also comply with the Fort Worth Fire Code
(2003 International Fire Code with amendments). If extension cords are used at
Will Rogers Memorial Center, Ground Fault Circuit Interrupter (GFCI) Protection is
required. These cords have a test and a reset button and have the words "GFCI
protected" printed on the cord. All 120 volt extension cords shall be three-wire
grounding type cords. Extension cords may not be placed through doorways or
across driveways. If extension cords are placed across other public access areas
approved by City, Licensee must properly secure extension cords to prevent trip
hazards. Frayed or damaged cords may not be used.
12. SEATING CAPACITY
Licensee will not sell more tickets or allow more occupancy than the seating
capacity of the Facilities permits and/or as allowed under any federal, state, and
local laws, statutes, ordinances, charter provisions, rules and regulations of the City
of Fort Worth; including all rules, regulations and/or requirements of the City of Fort
Worth Police and Fire Departments.
13. EMERGENCY PERSONNEL
Licensee shall be responsible, at its own cost and expense, to provide such
emergency medical services as it deems necessary for its event. Any standby
ambulance service must be provided by the City's current licensed ambulance
provider, in accordance with the City Code. Standby ambulance service will be at
Licensee's expense and only if mutually agreed upon between City and Licensee.
14. SECURITY PERSONNEL
Licensee, at its sole cost and expense, shall furnish and pay for adequate security
personnel in such number and manner as prescribed by the Director of Public
Events of the City of Fort Worth. Licensee hereby assumes sole responsibility for
any and all acts or omissions by its security personnel in the performance of their
responsibilities hereunder, and Licensee agrees to indemnify, hold harmless and
defend the City from any and all claims or suits for property damage and/or
personal injury, including death, arising out of, or in connection with all acts and/or
actions conducted by security personnel. Nothing herein shall be construed as
creating a principal/agent, or employer/employee relationship between the City and
Licensee's security personnel.
15. NON-SMOKING FACILITY
Licensee understands that Will Rogers Memorial Center is a NON-SMOKING
FACILITY and agrees to make hourly announcements to that effect, if possible. In
any event, Licensee agrees to make at least three (3) announcements to that effect
during an eight (8) hour period, with one announcement being made at the
beginning of each event.
Page 6 of 13
16. INDEMNITY
LICENSEE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD
HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY, ITS OFFICERS, SERVANTS 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
THE WORK AND SERVICES TO BE PERFORMED HEREUNDER BY LICENSEE, ITS OFFICERS,
AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR INVITEES, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE OFFICERS,
SERVANTS, EMPLOYEES, OF THE CITY; LICENSEE LIKEWISE COVENANTS AND AGREES
TO, AND DOES HEREBY, INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST 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, BY THE ALLEGED ACTS OR OMISSIONS
OF OFFICERS, SERVANTS, OR EMPLOYEES OF CITY.
If more than one Licensee is named under this License Agreement, the obligation
of all such Licensees shall be, and is, joint and several.
17. INSURANCE
Prior to the time Licensee is entitled to any right of access to or use of the Facilities,
Licensee shall procure, pay for and maintain the following insurance written by
companies approved by the State of Texas and acceptable to City. The insurance
shall be evidenced by delivery to City of executed certificates of insurance and/or
certified copies of policies as determined by City.
Licensee covenants and agrees to obtain and keep in force during the term of this
License Agreement, Comprehensive General Liability Insurance, Including
coverage for Personal Injury Liability, Independent Contractors Liability, Fire Legal
Liability, City's property in Licensee's care, custody and control and Contractual
Liability covering, but not limited to, the liability assumed under the indemnification
provisions of this License Agreement, with limits of liability for bodily injury
(including death) and property damage of not less than One Million Dollars
($1,000,000) per occurrence.
If automobiles are to be used by Licensee on the City's premises within the scope
of this agreement, then Automobile Liability Insurance will also be required.
Coverage is to be combined single limit for bodily injury and property damage of
One Million Dollars ($1,000,000) per occurrence including coverage for owned,
non-owned and hired vehicles. Workers' Compensation Insurance (Statutory
Limits) will also be required along with Employers Liability Insurance with limits of
$100,000/500,000/100,000.
Page 7 of 13 FR' "J ��' fix.
The City of Fort Worth shall be named as an Additional Primary Insured fin the
body of the policy(s) except for workers' compensation, or in an Addendum
thereto. Said insurance shall provide coverage for the claims arising from the
condition of the Leased Premises (Facilities) and the act(s) and omission(s)
of the officers, servants, or employees of the City.
City reserves the right to review and adjust insurance requirements at any time
during the term of this License Agreement.
The insurance policy shall include the following:
a. The term of insurance is for the duration of each Event, which includes the
period from the right of access to set-up through the period allowed for
removal of property;
b. The policy shall require that thirty (30) days prior to the cancellation or any
material change in coverage, a notice shall be given to City by certified mail;
c. Insurers shall have no right of recovery or subrogation against the City of
Fort Worth, it being the intention that the insurance policy shall protect all
parties to this License Agreement and be primary coverage for all losses
covered by the policies;
d. Company issuing the insurance policy shall have no recourse against the
City of Fort Worth for payment of any premiums or assessments for any
deductibles which all are at the sole risk of Licensee;
e. The terms "Owner", "City" or "City of Fort Worth" shall include all authorities,
Boards, Bureaus, Commissions, Divisions, Departments, and Offices of the
City and the individual members, employees and agents thereof in their
official capacities and/or while acting on behalf of the City of Fort Worth;
f. Said insurance shall provide coverage for the condition of Leased Premises
(Facilities) and the act(s) and omission(s) of the officers, servants, or
employees of the City; and
g. The policy clause "Other Insurance" shall not apply to any insurance
coverage currently held by City, to any future coverage, or to City's self-
insured retention of whatever nature.
Licensee hereby waives subrogation rights for loss or damage against City, its
officers, agents and employees for personal injury (including death), property
damage or any other loss.
Licensee shall not do or permit to be done anything in or upon any portion of the
Facilities, or bring or keep anything therein or thereupon which will in any way
conflict with the conditions of any insurance policy upon the Facilities or any part
thereof, or in any way increase the rate of fire insurance upon the Facilities or on
property kept therein, or in any way obstruct or interfere with the right of the other
tenants of the Facilities, or injure or annoy them.
Page 8 of 13
The City may terminate this License Agreement immediately upon the failure of the
Licensee to provide acceptable documentation of insurance as required by this
License Agreement.
18. COMPLIANCE WITH LAW
It is agreed that Licensee will comply with all federal, state, and local laws, statutes
including all ordinances, charter provisions, rules and regulations of the City of Fort
Worth; including all rules, regulations and/or requirements of the City of Fort Worth
Police and Fire Departments; and any and all requirements specifically made by
the City of Fort Worth Fire Marshal in connection with the performances to be given
hereunder. Licensee agrees to obey any other regulations of any municipal
authority of the City of Fort Worth.
Licensee will obtain and pay for all necessary permits, licenses, and taxes from any
governmental agency with jurisdiction thereof and to pay lawful taxes on tickets
used in connection with the performances hereunder. Licensee will not do or suffer
to be done anything on said Facilities during the terms of this License Agreement in
violation of any such laws, statutes, ordinances, rules, regulations, charter
provisions, directives or requirements. If the City calls the attention of Licensee to
any such violation on the part of said Licensee or any person employed by or
admitted to said Facilities by Licensee, Licensee will immediately desist from and
correct such violation and/or vacate the Facilities.
Licensee agrees to assume full responsibility for complying with the Federal
Copyright Law of 1978 (17 U.S.C. 101, et seq.) and any Regulations issued
thereunder including, but not limited to, the assumption of any and all
responsibilities for paying royalties which are due for the use of copyrighted works
in Licensee's performances or exhibitions to the copyright owner, or representative
of said copyright owner. Licensee agrees to defend, indemnify and hold
harmless City, its officers, employees, and agents, for any claims or damages
arising out of Licensee's infringement or violation of the Copyright Law
and/or Regulations. Licensee understands that they are responsible for securing
any and all releases by artists/performers giving permission for the recordings.
Licensee is responsible for both reporting and payment of any music licensing fees
that may be required by law.
19. CHARITABLE ORGANIZATION
Licensee agrees that if Licensee is a charitable organization entitled to any
immunity or limitation of liability under the provisions of the Charitable Immunity and
Liability Act of 1987, C.P.R.C., § 84.001 et seq., or other applicable law, that
Licensee hereby expressly waives its right to assert or plead defensively any such
immunity or limitation of liability as against any party other than City.
Page 9 of 13
20. ASSIGNMENT
Licensee shall not assign this License Agreement nor suffer any use of the
Facilities other than herein specified, nor sublet the Facilities or any part thereof
without the written consent of City. If assigned per the written consent of the City,
Licensee agrees to ensure that any assignee or sublicensee will comply with all
terms, provisions, covenants, and conditions of this License Agreement.
Assignment or subletting of this License Agreement shall not relieve Licensee from
any of its obligations under this License Agreement.
21. EVENTS OF DEFAULT
The following events shall be deemed to be events of default by Licensee under
this License Agreement:
1) Licensee fails to pay any installment of the rent when due or any other
payment of reimbursement to City required hereunder;
2) Licensee attempts to assign this License Agreement without the prior written
consent of City;
3) Licensee shall vacate any substantial portion of any building included in the
Facilities as described in Addendum A or any substantial portion of the
Facilities as described in Addendum A;
4) Licensee reduces duration of any event;
5) Licensee becomes insolvent or makes a transfer in fraud of creditors, or
makes an assignment for the benefit of creditors; or
6) Licensee fails to comply with any term, provision or covenant of this License
Agreement.
22. TERMINATION
Upon the occurrence of any such event of default of the Agreement, City shall have
the option to terminate this License Agreement immediately. Licensee shall
immediately surrender the Facilities to City and if Licensee fails to do so, City may,
without prejudice to any remedy, enter upon and take possession of the Facilities
and remove Licensee and any other person who may be occupying the Facilities by
force if necessary without being liable for the prosecution or any claim of damages
therefore. Licensee agrees to pay to City on demand the amount of all loss and
damage which City may suffer by reason of such termination.
City may, as a result of default as described in Paragraph 21 above, and at its
discretion, relet the entire Facilities or relet any building or any portion of any
building of the Facilities that is determined by the City not to be in substantial use
by the Licensee and receive the rent therefore, and Licensee agrees to pay to City
on demand any deficiency that may arise by reason of reletting. City agrees to use
all reasonable efforts to attempt to release the Facilities. Licensee shall not be
entitled, under any circumstances, to any excess rental fees received by City as a
result of reletting and Licensee hereby waives any claim to such excess rental
amounts.
Page 10 of 13
No pursuit of any remedy by City constitutes a forfeiture or waiver of any rent due to
City or of any damages accruing to City by reason of the violation of any of the
terms, provisions, and covenants herein contained. No act or thing done by City or
its officers, agents or employees during the term of this License Agreement shall be
deemed a termination of the Agreement or an acceptance of the surrender of the
Facilities, and no agreement to terminate this License Agreement or accept a
surrender of the Facilities shall be valid unless in writing signed by City. City's
acceptance of the payment of rental or other payments after the occurrence of a
default shall not be construed as waiver of such default, unless City notifies
Licensee in writing. Any act by City to enforce one or more of the remedies herein
provided upon an event of default shall not be deemed or construed to constitute a
waiver of such default or of City's right to enforce any such remedies with respect
to such default or subsequent default.
23. NOTICES
All notices required or permitted under this License Agreement may be given to a
party personally or by mail, addressed to such party at the address stated below or
to such other address as one party may from time to time notify the other in writing.
If more than one Licensee is named in this contract, service of any notice on any
one of the Licensees shall be deemed service on all Licensees. Any notice so given
shall be deemed to have been received when deposited in the United States mail
so addressed with postage prepaid:
CITY:
Kirk Slaughter, Director of Public Events
Will Rogers Memorial Center
3401 W. Lancaster Avenue
Fort Worth ,Texas 76107
With Copy To:
Sarah Fullenwider
Assistant City Attorney
1000 Throckmorton Street
Fort Worth, Texas 76102
LICENSEE:
National Cutting Horse Association
Jeff Hooper, Executive Director
260 Bailey Avenue
Fort Worth, Texas 76107
Page 11 of 13
24. SOLE AGREEMENT
This written instrument constitutes the entire Agreement by the parties hereto
concerning the license of the facilities and obligations of the parties and any prior or
contemporaneous oral or written agreement which purports to vary from the terms
hereof, shall be void. It is understood and agreed that the all the provisions of this
License Agreement are applicable except where specifically modified by
Addendum A, in which case such Addendum shall apply.
25. AMENDMENT
This License Agreement cannot be modified or amended without the written
consent of all the parties hereto and attached and made a part of this License
Agreement.
26. SUCCESSORS AND ASSIGNS
This License Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, executors, administrators, legal
representatives, successors and, except as otherwise provided in this contract,
their assigns.
27. VENUE
Venue shall be in the state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
28. FORCE MAJURE
If the Facilities or any portion thereof shall be destroyed or damaged by fire or other
calamity so as to prevent the use of the Facilities for the purposes and during the
periods specified in this License Agreement or if the use of the Facilities by
Licensee shall be prevented by act of God, strike, lockout, material or labor
restriction by any governmental authority, civil riot, flood, or any other like cause
beyond the control of the City, then this License Agreement shall terminate and
Licensee hereby waives any claim against City for damages by reason of such
termination except that any unearned portion of the rent due hereunder shall
abate, or if previously paid, shall be refunded by City to Licensee.
29. INDEPENDENT CONTRACTOR/NO PARTNERSHIP
The doctrine of respondeat superior shall not apply as between the Licensee and
City and nothing contained in this License Agreement shall be deemed to constitute
City and Licensee as partners or joint venturers with each other, nor shall the
Licensee be considered to be an agent, representative or employee of the City.
Licensee shall have the exclusive control of and the right to control its employees
and the details of its operation on the Facilities and shall be solely responsible for
the acts and omissions of its officers, agents, employees, contractors and
subcontractors.
LOl
Page 12 of 13
NFMffo' K
30. SEVERABILITY
In case any one or more of the provisions contained in this License Agreement are
held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability shall not affect any other provision hereof and this License
Agreement shall be considered as if such invalid, illegal or unenforceable
provisions were never contained herein.
31. AUTHORITY OF LICENSEE'S AGENT
By executing this License Agreement, Licensee's agent affirms that he or she is
authorized by Licensee to execute this License Agreement and that all
representations made herein with regard to Licensee's identity, address and legal
status (corporation, partnership, individual, etc.) are true and correct.
EXECUTED as of the date and year first above written at Fort Worth, Tarrant County,
Texas.
ATTEST: CITY OF FO T H
By: By:
City Secretaryt Joe u
Assi an aCi anager
I ��o j
By: -,tu �hu , -
Contract Authorization
Approved as to form and legality: Approval Recommended:
David Yett, City Attorney
/�
By: GYIiL(i '�i(Q�-�f B y: dl �
Sarah Fullprivyider rk N. Sla hter
Assistant Cwt Attorney Director of Public Events
NATIONAL CUTTING HORSE ASSOCIATION
By�
Jeff per, ExIotive Director
Page 13 of 13
ADDENDUM A
NATIONAL CUTTING HORSE ASSOCIATION
(CONTRACT NUMBER )
FACILITIES
1. City agrees to license and provide to Licensee the following facilities at the Will Rogers
Memorial Center (WRMC) for the NATIONAL CUTTING HORSE ASSOCIATION
SUPER STAKES & SUPER STAKES CLASSIC for the contracted dates listed below:
A. YEAR 2005
1. Move In - March 28 - 29, 2005
Livestock shall not be permitted on show grounds prior to 8:00 a.m.,
March 28, 2005.
Burnett Building -
Includes Will Rogers Coliseum, all stalls, vet clinic, office areas,
exercise area and cattle pens.
Move In - March 28, 2005, by no earlier than Noon through March 29,
2005
Richardson-Bass Building
Includes all stalls, John Justin Arena, James L. and Eunice West
Arena, Coburn Room, all available meeting rooms, office areas and
cattle pens.
Livestock Barns 3, 4 and Swine Barn
Move In — March 29 — 30, 2005
Amon G. Carter, Jr. Exhibits Hall
East and Central Texas Rooms
West Texas Room
Licensee shall have the right to use the West Texas Room to
facilitate commercial exhibitor move in, if it is available.
iC-,���,
Page 1 of 156 .' 'f
2. Show Dates — March 30 —April 17, 2005
In addition to the facilities listed above in Section I.A.1. Move In, Licensee
shall have Right of First Refusal to rent the Round Up Inn, South Texas,
and Silver Spur Rooms, the Brown-Lupton Exhibits Area and all facilities
located inside the Charlie and Kit Moncrief Building during all Super
Stakes contracted show dates as indicated below
However, any additional dates and/or facilities requested must first be
verified by Licensee and City for availability and will be invoiced at the
attached rate per space and date added.
Amon G. Carter, Jr. Exhibits Hall
East and Central Texas Rooms - Show dates for commercial
exhibitors will be March 31 —April 17, 2005.
South Texas Room — This room is included for use at no additional
charge one (1) day during Super Stakes contracted show dates;
however, Licensee must call in advance to verify availability and
reserve room.
Silver Spur Room — This room is included for use at no additional
charge seven (7) days during Super Stakes contracted show dates;
however, Licensee must call in advance to verify availability and
reserve room.
West Texas Room is NOT included during any Super Stakes
contracted show dates.
Charlie and Kit Moncrief Building
Includes all portable stalls in stall area, W. R. Watt Arena, exercise
area, Centennial, French, and McFarland Rooms and office areas.
These facilities are included for use at no additional charge for one
(1) move in, two (2) show days and one (1) move out day during
Super Stakes contracted show dates; however, Licensee must call
in advance to verify availability and reserve space.
3. Move Out— must be complete by no later than 6:00 p.m., April 18, 2005
All Facilities as listed above in Section I.A.1. Move In
Amon G. Carter, Jr. Exhibits Hall
West Texas Room - Licensee shall have the right to use West
Texas Room to facilitate commercial exhibitor move out, if it is
available.
CITY EG,'20'�;3�rt7
Page 2 of 15 � ''W�,�4u n^
*0111 n' Ncs�
B. YE ARS — 200612009
City will provide the same Will Rogers Memorial Center facilities as listed in detail
above for the following contracted dates in the years 2006-2009:
Move In — To be determined based on NCHA's needs, subject to WRMC
availability of facilities similar to 2005.
Show Dates — March 29 —April 16, 2006
Move Out — To be determined based on NCHA's needs, subject to WRMC
availability of facilities similar to 2005.
Move In — To be determined based on NCHA's needs, subject to WRMC
availability of facilities similar to 2005.
Show Dates — March 28 —April 15, 2007
Move Out — To be determined based on NCHA's needs, subject to WRMC
availability of facilities similar to 2005.
Move In — To be determined based on NCHA's needs, subject to WRMC
availability of facilities similar to 2005.
Show Dates —April 2 —April 20, 2008
Move Out— To be determined based on NCHA's needs, subject to WRMC
availability of facilities similar to 2005.
Move In — To be determined based on NCHA's needs, subject to WRMC
availability of facilities similar to 2005.
Show Dates —April 1 - April 19, 2009
Move Out — To be determined based on NCHA's needs, subject to WRMC
availability of facilities similar to 2005.
Any additional dates and/or facilities requested must first be verified by Licensee
with City for availability and will then be invoiced at the attached rate per space
and date added. Licensee will submit to City in writing their intent for exact use
of said facilities by no later than 60 days prior to move in of each contracted
event.
II. City agrees to license and provide to Licensee the following facilities at the Will Rogers
Memorial Center (WRMC) for the NATIONAL CUTTING HORSE ASSOCIATION
SUMMER CUTTING SPECTACULAR for the contracted dates listed below:
A. YEAR 2005
1. Move In — July 11, 2005
Livestock shall not be permitted on show grounds prior to 8:00 a.m.,
July 11, 2005.
Page 3 of 15
Burnett Building
Includes Will Rogers Coliseum, all stalls, vet clinic, office areas,
exercise area and cattle pens.
Richardson-Bass Buildinq
Includes all stalls, John Justin Arena, James L. and Eunice West
Arena, Coburn Room, all available meeting rooms, office areas,
and cattle pens.
Charlie and Kit Moncrief Building
Includes all portable stalls in stall area, W. R. Watt Arena, exercise
area, Centennial, French, and McFarland Rooms and office areas.
Livestock Barns 3, 4 and Swine Barn
Move In — July 13 — 14, 2005
Amon G. Carter, Jr. Exhibits Hall
East and Central Texas Rooms
West Texas Room
Licensee shall have the right to use the West Texas Room to
facilitate commercial exhibitor move in, if it is available.
2. Show Dates — July 12 - 31, 2005
In addition to the facilities listed above in Section II.A.1. Move In,
Licensee shall have Right of First Refusal to rent the Round Up Inn and
South Texas Rooms and the Brown-Lupton Exhibits Area and Show
Arena during all Summer Cutting contracted show dates.
However, any additional dates and/or facilities requested must first be
verified by Licensee and City for availability and will be invoiced at the
attached rate per space and date added.
Amon G. Carter, Jr. Exhibits Hall
East and Central Texas Rooms — Show dates for commercial
exhibitors will be July 15 - 31, 2005
Round Up Inn — This room is included for use at no additional
charge for a one (1) day Youth Cutting event during Summer
Cutting contracted show dates; however, Licensee must call in
advance to verify availability and reserve room.
South Texas Room — This room is included for use at no additional
charge for one (1) day during Summer Cutting contracted show
dates; however, Licensee must call in advance to verify availability
and reserve room.
Silver Spur Room — This room is included for use at no additional
charge twenty (20) days during Summer Cutting contracted show
dates.
Page 4 of 15
3. Move Out — must be complete by no later than 6:00 p.m., August 1, 2005
All Facilities listed above in Section II.A.1. Move In.
Amon G. Carter, Jr. Exhibit Hall
West Texas Room — Licensee shall have the right to use West
Texas room to facilitate commercial exhibitor move out, if it is
available.
B. YEARS —2006-2009
City will provide the Will Rogers Memorial Center facilities listed above for the
following contracted dates in the years 2006-2009:
Move In —To be determined based on NCHA's needs, subject to WRMC
availability of facilities similar to 2005.
Show Dates —July 11 — July 30, 2006
Move Out — To be determined based on NCHA's needs, subject to WRMC
availability of facilities similar to 2005.
Move In — Move In — To be determined based on NCHA's needs, subject
to WRMC availability of facilities similar to 2005.
Show Dates —July 10 — July 29, 2007
Move Out— To be determined based on NCHA's needs, subject to WRMC
availability of facilities similar to 2005.
Move In — Move In — To be determined based on NCHA's needs, subject
to WRMC availability of facilities similar to 2005.
Show Dates —July 8 —July 27, 2008
Move Out — To be determined based on NCHA's needs, subject to WRMC
availability of facilities similar to 2005.
Move In — Move In — To be determined based on NCHA's needs, subject
to WRMC availability of facilities similar to 2005.
Show Dates —July 7 —July 26, 2009
Move Out —To be determined based on NCHA's needs, subject to WRMC
availability of facilities similar to 2005.
Any additional dates and/or facilities requested must first be verified by Licensee
with City for availability and will then be invoiced at the attached rate per space
and date added. Licensee will submit to City in writing their intent for exact use
of said facilities by no later than 60 days prior to move in of each contracted
event.
Page 5 of 15
III. City agrees to license and provide to Licensee the following facilities at the Will Rogers
Memorial Center (WRMC) for the NATIONAL CUTTING HORSE ASSOCIATION
WORLD CHAMPIONSHIP FUTURITY for the contracted dates listed below:
A. YEAR 23005
1. Move In — November 20 —22, 2005
Livestock shall not be permitted on show grounds prior to 8:00 a.m.,
November 20, 2005.
Richardson-Bass Building
Includes all stalls, John Justin Arena, James L. and Eunice West Arena,
Coburn Room, all available meeting rooms, office areas, and cattle pens.
Charlie and Kit Moncrief Building
Includes all portable stalls in stall area, W. R. Watt Arena, exercise
area, Centennial, French and McFarland Rooms and office areas.
Livestock Barns 2, 3, 4, and Swine Barn
Amon G. Carter, Jr. Exhibits Hall
Texas Room
Move In — November 20, 2005, by no earlier than Noon through
November 22, 2005
Burnett Building
Includes Will Rogers Coliseum, all stalls, vet clinic, office area,
exercise area and cattle pens.
2. Show Dates — November 23 — December 11, 2005
In addition to the facilities listed above in Section III.A.1. Move In,
Licensee shall have Right of First Refusal to rent the Round Up Inn and
South Texas Rooms and the Brown-Lupton Exhibits Area, Show Arena
and Small Exhibits Building during all Futurity Cutting contracted show
dates.
However, any additional dates and/or facilities requested must first be
verified by Licensee and City for availability and will be invoiced at the
attached rate per space and date added.
Page 6 of 15
Amon G. Carter Jr. Exhibits Hall
Round Up Inn — This room is included for use at no additional
charge for four (4) days during Futurity contracted show dates;
however; Licensee must call in advance to verify availability and
reserve room.
South Texas Room — This room is included for use at no additional
charge for one (1) day during Futurity contracted show dates;
however, Licensee must call in advance to verify availability and
reserve room.
Silver Spur Room — This room is included for use during all Futurity
contracted dates.
Parking Garage
150 spaces in Parking Garage on Contracted Show Dates; an
additional 150 spaces per date will be provided on the final four
contracted show dates.
3. Move Out — must be complete by no later than 6:00 p.m., December 12,
2005
All Facilities listed above in Section III.A.1 Move In
B. YEARS 2006 -2009
City will provide the Will Rogers Memorial Center facilities listed above for the
following contracted dates in the years 2006-2009:
Move In — To be determined based on NCHA's needs, subject to WRMC
availability of facilities similar to 2005.
Show Dates — November 22 — December 10, 2006
Move Out— To be determined based on NCHA's needs, subject to WRMC
availability of facilities similar to 2005.
Move In — To be determined based on NCHA's needs, subject to WRMC
availability of facilities similar to 2005.
Show Dates — November 21 — December 9, 2007
Move Out— To be determined based on NCHA's needs, subject to WRMC
availability of facilities similar to 2005.
Move In — To be determined based on NCHA's needs, subject to WRMC
availability of facilities similar to 2005.
Show Dates — November 26— December 14, 2008
Move Out — To be determined based on NCHA's needs, subject to WRMC
availability of facilities similar to 2005.
Page 7 of 15
Move In — To be determined based on NCHA's needs, subject to WRMC
availability of facilities similar to 2005.
Show Dates — November 25 — December 13, 2009
Move Out — To be determined based on NCHA's needs, subject to WRMC
availability of facilities similar to 2005.
Any additional dates and/or facilities requested must first be verified by Licensee
with City for availability and will then be invoiced at the attached rate per space
and date added. Licensee will submit to City in writing their intent for exact use
of said facilities by no later than 60 days prior to move in of each contracted
event.
IV. As rental for the facilities and services used pursuant to this Agreement, Licensee
agrees to pay City as follows:
$4,077 per show day for use of facilities listed in Section I. A and B (excluding stalls) for
the presentation of The National Cutting Horse Association Super Stakes;
$4,616 per show day for use of facilities listed in Section II. A and B (excluding stalls) for
the presentation of The National Cutting Horse Association Summer Cutting;
$7,060 per show day for use of facilities listed in Section III. A and B (excluding stalls)
for the presentation of The National Cutting Horse Association Futurity.
Licensee will pay other charges for stalls and additional services as outlined in the
attached City of Fort Worth Rental Rate Schedule.
If any additional facilities are added (other than those listed above in Sections I, II, and
III), Licensee will be invoiced the following rental rate for use of same on a per space
and date added.
RENTAL RATE SCHEDULE (July 1999 Rates
For rental of the facilities and services used pursuant to this Agreement for the years 2005
through 2009, City agrees to lease and Licensee agrees to pay the rates for use of the facilities
at the Will Rogers Memorial Center (WRMC) for the contracted dates listed below as follows:
YEARS 2005 through 2009
a. Will Rogers Coliseum
■ $500 - Per Move In or Move Out Day
■ $750 - Per Exercise Day (12 hours climate controlled)
■ $1,500 - Per Show Day (All show hours climate controlled)
■ No Charge for Backstage Club or office spaces customarily used in
Coliseum or Burnett Building for move in, show, and move out dates
listed.
Page 8of15
b. Burnett Building Stalls
■ $40 - per stall used in years 2005 through and including 2009
■ $45 - per stall used in years 2010 through and including 2014 if option(s)
are exercised.
■ There will be a $15.00 per stall per day early move in fee charged for
each stall occupied prior to 8:00 a.m. on the first move in day in each
respective year contracted.
c. Burnett Building Cattle Pens
■ $150 Per Move In or Move Out Day
■ $350 Per Show Day
d. John Justin Arena
■ $250 - Per Move In or Move Out Day
■ $500 - Per Exercise Day (12 hours climate controlled)
■ $800 - Per Show Day (All show hours climate controlled)
e. James L. & Eunice West Arena
■ $375 Per Move In or Move Out Day
■ $600 Per Show or Sale Day
f. Brown-Lupton Exhibits Area
■ $100 - Per Move In or Move Out Day
■ $300 - Per Show Day (All show hours climate controlled)
g. Coburn Room and all office areas
■ No charge unless used for Commercial Exhibitors
h. Richardson-Bass Building
■ No Charge for use of Office Areas
i. Richardson-Bass Building Stalls
■ $40 - Per stall used in years 2005 through and including 2009
■ $45 - Per stall used in 2010 through and including 2014 if option(s) is
exercised.
■ There will be a $15.00 per stall per day early move in fee charged for
each stall occupied prior to 8:00 a.m. on the first move in day in each
respective year contracted.
j. Richardson-Bass Cattle Pens
■ $150 Per Move In or Move Out Day
■ $350 Per Show Day
Page 9 of 15
k. Charlie & Kit Moncrief Building Stall Area
■ $200 Per Move In or Move Out Day
■ $500 Per Show Day
■ $45 — Per City owned stall used in years 2005 through 2009
■ $45 — Per City owned stall used in 2010 through and including 2014 if
option(s) is exercised.
■ There will be a $15.00 per stall per day early move in fee charged for
each stall occupied prior to 8:00 a.m. on the first move in day in each
respective year contracted.
I. W. R. Watt Arena
■ $250 - Per Move In or Move Out Day
■ $500 - Per Exercise Day (12 hours climate controlled)
■ $1 ,000 - Per Show Day (All show hours climate controlled)
m. Centennial, French and McFarland Rooms
■ $50 Per Move In or Move Out Day
■ $150 Per Show Day
n. Charlie and Kit Moncrief Building
■ No Charge for use of office areas
o. Livestock Barns 1, 2, 3, and 4
■ $150 - Per Move In or Move Out Day, Per Barn
■ $350 — Per Show Day, Per Barn
p. Swine Barn
■ No Charge during all contracted show dates, if requested and available.
q. Show Arena
■ $100 - Per Move In or Move Out Day
■ $300 — Per Show Day
r. Small Exhibits Building
■ $250 — Per Move In or Move Out Day
■ $500 — Per Show Day
s. East & Central Texas Rooms or West Texas Room in Amon G. Carter Jr.
Exhibits Hall
■ $300 - Per Move In or Move Out Day
■ $1,250 - Per Show Day (All show hours climate controlled)
t. Texas Room in Amon G. Carter Jr. Exhibits Hall
■ $500 — Per Move In or Move Out Day
■ $2,500 — Per Show Day (All show hours climate controlled)
u. Round Up Inn
■ $300 - Per Move In or Move Out Day
■ $850 — Per Show Day
I :I
Page 10 of 15 QQ �' •b
n, YL
v. South Texas
■ $400 — Per Show Day
w. Silver Spur
■ $200 - Per Show Day
x. Parking Garage —Amon G. Carter, Jr. Exhibits Hall
■ $2 per space, per day
y. Portable Stalls
■ Licensee will rent portable stalls directly from current contracted vendor or
City.
■ Licensee will pay for each portable stall ordered whether used or unused at
the current contracted rate. Licensee agrees and understands that City has
a current contract for portable stalls at the price of $47 per stall through
July 9, 2006. Licensee understands and agrees that if for any reason the
contractor defaults on the contract with City, Licensee agrees to pay the
cost per stall charged to City by replacement vendor. City agrees to use its
best effort to obtain the lowest market price available from replacement
vendor to provide portable stalls.
All events must end by midnight unless otherwise stated on this License Agreement
and insurance certificate. $200.00 per hour will be invoiced to Licensee for any
additional hour (or portion thereof) in which Licensee occupies space rented for
show and/or event activities, between the hours of 12:00 midnight and 7:00 a.m.
PAYMENT SCHEDULE
1. YEAR 2005
Payment schedule for the year 2005 shall be as follows:
a. Licensee shall pay a $5,000 partial facility rental payment by no later than 60
days prior to the first event day in each contracted year for each event.
b. Licensee shall pay in full any remaining balance owed within thirty (30) days after
receipt of final charges invoice following the conclusion of the show.
2. YEARS 2006 through 2009:
a. Licensee shall pay a $5,000 partial facility rental payment by no later than 60
days prior to the first event day in each contracted year for each event.
b. Licensee shall pay in full any remaining balance owed within 30 days after
receipt of final charges invoice following the conclusion of each show.
ANNUAL INCENTIVE
Page 11 of 15
Subject to the terms of this section, City agrees to apply an Eighty-five Thousand
($85,000) Dollar credit per contracted year against rental fees and/or additional
charges.
FUTURE DATES BEGINNING IN 2010
On January 1" of each year beginning in 2008, one additional year will be automatically
added to the end of the initial five year term of this License Agreement. This will occur
automatically, unless written notice is given by either the Licensee or City prior to
January 1St that either party has decided to stop the rollover.
PROPOSED ADDITIONAL ARENA
An additional arena is proposed to be built at Will Rogers Memorial Center in the future.
However, actual construction and completion dates are yet to be determined. In the
event the new facility is built and becomes available during the term of this License
Agreement or any extension thereof, Licensee will have the Right of First Refusal to
negotiate the additional cost for use of the new arena with City.
SECURITY
1. At the Licensee's expense, off-duty City of Fort Worth police officers are required
to work each event. The number of officers and number of hours worked are to
be negotiated by Licensee and the Fort Worth Police Department with final
approval from the Director of Public Events or his designee by no later than ten
(10) days prior to first move in date of each year contracted.
2. Licensee will pay the entire off-duty City of Fort Worth police invoice by individual
checks and deliver to the supervisor in charge by no later than five (5) working
days after receipt of invoice following the conclusion of each show contracted. A
copy of the invoice will be submitted to WRMC.
ADDITIONAL LICENSE AGREEMENT TERMS
1. SHAVINGS
■ City will provide shavings to Licensee for resale by Licensee. Shavings
will be discounted by $0.50 per bag from current established rate at time
of event. City will provide shavings to Licensee through the current
approved City of Fort Worth vendor. NO OTHER OUTSIDE SHAVINGS
WILL BE PERMITTED ON SHOW GROUNDS.
■ Any exhibitor who brings shavings into show grounds or facilities without
the written consent of City and/or in direct conflict with the exclusive rights
of City, will be fined $5.00 per bag of shavings based on the equivalent of
a 3Y2 cubic foot bag. The total fine amount will be at the sole discretion of
the Director of Public Events or his designee and will be invoiced to
Licensee.
Page 12 of 15
2. COMMERCIAL EXHIBITOR/VENDOR SPACE
■ Licensee will be invoiced $35.00 per designated inside commercial
exhibitor/vendor space for use by approved commercial exhibitors. This
fee does not apply to commercial exhibitors located in a designated
"exhibits hall/facility" rented by Licensee for use by commercial exhibitors.
City will not provide any tables and/or chairs for use by commercial
exhibitors.
■ Licensee will be invoiced $100.00 per designated outside commercial
exhibitor/vendor space for use by approved commercial exhibitors
beginning in the year 2005 and continuing through 2009.
■ Licensee may not occupy or allow commercial exhibitors to occupy
Amon G. Carter, Jr. Exhibit Hall spaces referred to as an overhead door
alcove.
■ Licensee and City must agree upon any use of outside exhibit space by no
later than 120 days before 1 st contracted show date for event.
■ If requested by Licensee and space is available, Licensee may use
parking area between Auditorium and Coliseum or other areas mutually
agreed upon, for commercial exhibits at a cost of $0.35 per square foot,
i.e. $35.00 for a 10' x 10' space. Licensee must obtain Fort Worth Fire
Marshall approval of layout prior to show and furnish City a copy by no
later than two weeks before exhibitor set-up may commence. Licensee
may not occupy any space along South or West outside walls of
Auditorium. All building fire exits must remain free and clear of any
obstruction at all times.
3. CLEAN-UP
■ City will clean Coliseum and arena seating areas once daily prior to start
of each show contracted.
■ City will clean the main aisles of contracted livestock facilities daily.
■ Licensee will be invoiced at the prevailing hourly rate for all labor
performed to include dirt work, watering and final cleanup of facility
grounds.
4. SOUND SYSTEM
■ There is no charge to Licensee for use of Coliseum and Arena sound
systems owned by City, as they exist at the execution of this Agreement
including equipment required for barn paging in contracted facilities.
■ Licensee will be invoiced the prevailing rate at the discretion of the
Director of Public Events for a WRMC stagehand to set up, monitor and
secure sound equipment daily when it is needed for show activity.
■ In the event City is unable to furnish sufficient WRMC stagehands to work
events that use staging, lights or amplified sound, Licensee must use
IATSE Local 126 Union Stagehands. Prior to the use of any union labor, a
representative from Licensee will be consulted as to the number of hours
and rate per hour.
cFF1c1i j gpEC0
My M11--'IfflAffon/1
Page 13 of 15 � SE11C
:L' C U
■ Licensee will be invoiced for all City of Fort Worth provided sound operator
service at current labor rates. Licensee will be issued a credit for sound
operator service of eight (8) hours per day Monday-Friday excluding
holidays.
5. TRAILER/RV PARKING
■ Licensee may use any available space for trailer parking as designated by
the Director of Public Events or his designee.
■ At the discretion of the Director of Public Events or his designee, RV
spaces will be provided as available and will be invoiced to Licensee
and/or Licensee's exhibitors at the prevailing rate. (Currently $15 per
night per permanent space and $45 per night per temporary space.) The
Director of Public Events may deem it necessary to adjust rates, however
the adjustment shall not exceed 10% per anum.
■ If Licensee agrees to manage all available RV spaces (to include
assignment of spaces and collection of fees throughout event), Licensee
will receive a 10% discount against total billing for rental of RV spaces,
billing will be based on 100% occupancy during all contracted dates
(beginning on the 1s' move in day and continuing through the final night of
events.) Discount will be applied to permanent spaces only.
■ Licensee will be required to pay all expenses associated with installation
and removal of all temporary RV hook ups. City will issue credit to
Licensee for this expense upon receipt of invoice.
6. ADDITIONAL TERMS
■ Any matters that are not herein expressly provided for shall be left to
negotiation between the Director of Public Events or his designee and the
Executive Director of the National Cutting Horse Association or his
designated representative.
■ All payments shall be made within 30 days after receipt of Final Charges
Invoice following the conclusion of each show contracted, payable to the
City of Fort Worth at the office of the Director of Public Events or his
designee at Will Rogers Memorial Center.
7. AMENDMENTS
Licensee and City agree to promptly execute an amendment(s) to this License
Agreement in order to spell out any additional terms agreed to between the
Licensee and City. Failure of the Licensee and/or City to execute such
Amendment upon request shall be considered an event of default and this
License Agreement may be terminated at the option of the requesting party. No
amendment or additional terms shall be effective unless it is in writing and signed
by both parties hereto after the effective date of this Agreement.
Page 14 of 15
EXECUTED as of the date and year first above written at Fort Worth, Tarrant County, Texas.
ATTEST: CITY OF F T H
By: Y \ By:
City Secretary Joe p ni u
Assi� a Ci anager
By:_��
Contract Authorization
Approved as to form and legality: Approval Recommended:
David Y , City Attorney
By. � By:
arah Fulle wider Kirk N. Slaughter
Assi taut ty Attorney Director of Public Events
NATIONAL CUTTING HORSE ASSOCIATION
By
Jeff i per, xec ti a Director
Page 15 of 15