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HomeMy WebLinkAboutContract 45290-A1 ciTY SECRETAW I I D "A I FORTWORTH c°MTP-4' PUBLIC EVENTS DEPARTMENT/WILL ROGERS MEMORIAL CENTER 3401 WEST LANCASTER AVENUE, FORT WORTH, TEXAS 76107 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.45290 A LICENSE AGREEMENT WITH NATIONAL REINED COW HORSE ASSOCIATION This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 45290 ("First 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 NATIONAL REINED COW HORSE ASSOCIATION ("Licensee"), acting herein by and through its Executive Director. WHEREAS, on January 16, 2014, City and Licensee entered into City Secretary Contract No. 45290 ("Contract") for the purpose holding the NRCHA Celebration of Champions ("Event") at certain facilities in the Will Rogers Memorial Center; WHEREAS, the parties wish to remove the Will Rogers Coliseum from the list of Facilities for the Licensee's 2015 Event; WHEREAS, the parties also wish to add The Pavilion to the list of Facilities for the 2015 Event and the remaining Initial Term and Renewal Terms and provide for the rental rate schedule for The Pavilion; WHEREAS, the parties wish to amend the Rental Fee for the 2015 Event; and WHEREAS, it is the mutual desire of City and Licensee to amend the Contract to (1) remove the Will Rogers Coliseum from the list of Facilities for the 2015 Event, (2) add The Pavilion to the list of Facilities for the 2015 Event and all future Event years included in the Contract and provide for the rental rate schedule for The Pavilion, and (3) amend the Rental Fee for the 2015 Event. 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, City and Licensee do mutually covenant and agree that the Contract is hereby amended as follows: 1. Exhibit A, 1) FACILITIES AND RENTAL DATES, Subsection a. shall be amended for the purpose of removing the Will Rogers Coliseum from the list of Facilities available to Licensee at the Will Rogers Memorial Center for Licensee's 2015 Event and add The Pavilion to the list of Facilities available to Licensee at the Will Rogers Memorial Center for the 2015 Event and the remaining term of the Contract and read as follows: "a) City agrees to license and provide to Licensee the following facilities at the WRMC (collectively, the "Facilities" or "Facilities") as needed and available for the Event on the contracted dates listed in section 1.b. i) Will Rogers Coliseum (1) Includes all dressing rooms and office areas (2) The City and Licensee acknowledge that the Will Rogers Coliseum will not be available for use by the Licensee during Licensee's 2015 Event; therefore, the Will Rogers Coliseum is here of Facilities available for use by Licen gra 201 �L e of the Will Rogers Coliseum by GUR First Amendment to CSC 45290 CITY SECRETARY RECEIVED 'of 3 FT. WORTH,TX FES 0 5 20b the Licensee for any future Event shall be permitted in accordance with the terms of the Contract. ii) Burnett Building (1) Includes all stalls, Vet Clinic, office areas, exercise area and cattle pens, if needed. iii) Richardson-Bass Building (1) Includes John Justin Arena, all stalls and cattle pens, James L. and Eunice West Arena, Brown-Lupton North and South Exhibits Areas, Coburn Room, all available meeting rooms and office areas. iv) Equestrian Multi-Purpose Building (1) Includes all stalls and arenas, if needed. V) The Pavilion with 125'x 250' arena" 2. Exhibit A, 1) FACILITIES AND RENTAL DATES, Subsection c.i. FACILITY FEE is amended for the purpose of adjusting the Rental Fee for the 2015 Event from $92,000.00 to $75,000.00. Subsection c.i. is hereby amended to read as follows: "c) FACILITY FEE i) Except for Licensee's 2015 Event, Licensee agrees to pay City an annual flat rental fee of $92,000.00 per Event for each year of the Initial Term and for each year of any Renewal Term. For Licensee's 2015 Event, Licensee agrees to pay City a fiat rental fee of $75,000.00. The rental fees set forth herein shall be referred to as the "Rental Fee." The Rental Fee shall include the following items: (1) Rental of the Facilities for the dates set forth in Exhibit A, Section 1.b above pursuant to the terms and conditions of this Agreement. (2) Up to 500 city-owned stalls in the Facilities. If additional stalls are required, Licensee agrees to pay the rates listed below in 2.a. (3) Rental and set-up of City-owned tables, chairs, stage risers, panels, 1 roping chute, 2 tractors and implements, and sound equipment (e.g., microphones, mixer, CD player, speakers, spotlight, etc.) as required for the Event. (4) Labor to set and remove the above-listed City-owned equipment, install and remove the white wall around the Will Rogers Coliseum arena (not included for Licensee's 2015 Event) and clean-up following the Event, including any necessary dumpsters. (5) Commercial vendor spaces inside and outside of contracted Facilities. Any use of outside exhibit space must be agreed upon by Licensee and City prior to January 1 st in each licensed year. (6) Diesel fuel for City-owned tractors." 3. Exhibit A, 2) RENTAL RATE SCHEDULE FOR ADDITIONAL EVENT FACILITIES OR EVENT DATES, Subsection a. is amended to add a new subsection, Subsection xix., which sets forth the rental rate schedule for The Pavilion, and shall read as follows: "xix) The Pavilion with arena(approximately 125'x 250' in size) First Amendment to CSC 45290 2 of 3 (1) $500-Per Move In or Move Out Day (2) $500- Per Exercise Day (3) $1,000- Per Show Day' 4. All terms in this First 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 First Amendment shall remain in full force and effect. 6. This First 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. 42— IN WITNES WHEREOF,the parties hereto have executed this First Amendment on this day of 2015. CITY OFFOR _WORTH NATI NAL REINED COW HORSE ASSOCIATION By. r _.< By: Susa Alanis ay Winborn -As tant City Manager Executive Director Approval Rec m ded: By: Kirk N. Slaughter Director of Public Events APPROVED AS TO FORM AND LEGALITY: By: Tyler ach Assistant City Attorney 0000 ATTEST: ATTEST: V 0 �. � a_j By: (,?g $_ KA a ry $ City Sec 000000�� * EXAM AGREEMENT AUTHORIZATION: No M&C required rFT. ICIAL RECORD `Y SECCRREETARY First Amendment to CSC 45290 WOR,n�TX 3 of 3