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HomeMy WebLinkAboutContract 28791 CITY OF FORT WORTH PUBLIC EVENTS DEPARTMENT WILL ROGERS MEMORIAL CENTER 3401 W LANCASTER AVENUE FORT WORTH, TEXAS 76107CITY E CRETAFJIr LICENSE AGREEMENT APPALOOSA HORSE CLUB, INC. 2003 through 2007 THIS AGREEMENT and Addendum "A" attached and incorporated herein are made and entered into this _ day of ..i&rvi , 2003, 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 Appaloosa Horse Club, Inc., located at 2720 West Pullman Road, Moscow, Idaho 83843, (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 Appaloosa Horse Club World Championship Show, (hereinafter referred to as the "Event") 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 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 and the Licensee shall have the right to determine the proportionate abatement of rent during the period of untenantability. 0K."11%,t MIND CITY Page 1 of 12 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 deposits 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 Event. City assumes no responsibility for said personnel and 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 that are sustained by reasons of the occupancy of said buildings under this License Agreement. Nothing herein shall be construed as creating a principal/agent, or employer/employee relationship between the City and Licensee's subcontracted personnel. 4. CONCESSION/SOUVENIR RIGHTS The City reserves all concession, food and beverage, novelty and souvenir rights. 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 Appaloosa Horse Club, Inc., approved commercial exhibitors and the resale of items related to the horse industry or promotion of the Appaloosa Horse Club, Inc. Licensee must comply with City of Fort Worth and Will Rogers Memorial Center food and beverage requirements and must contract with the current City 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 leased 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. Page 2 of 12 City may refuse to honor the request for any reception, luncheon, party or function where food and beverages are to be served and/or consumed on the leased 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 ten (10) 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 the License Agreement. 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 License 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. Page 3 of 12 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 License Agreement, the Licensee is responsible. City shall be the sole judge of the quality of the maintenance and/or damage of the leased Facilities, furnishings, fixture or furniture by the Licensee. The costs of repairing any damage to the Facilities shall be immediately due and payable by the Licensee upon Licensee's receipt of a written invoice from the City. In leasing the Facilities, 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. 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. Page 4 of 12 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. It is understood that the City of Fort Worth enforces the 1999 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 (2000 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 shall be required, at Licensee's expense, for any event, which in the sole opinion of City requires such service. Page 5 of 12 14. SECURITY PERSONNEL Licensee shall furnish adequate security personnel. 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. 16. INDEMNIFICATION 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, except as caused by the sole negligence of officers, servants, or 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 License Agreement, except as caused by the sole acts or omissions of officers, servants, or employees of the 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. Page 6 of 12 Licensee covenants and agrees to obtain and keep in force during the term of this License Agreement, Comprehensive General Liability Insurance, Including Personal Injury Liability, Independent Contractors Liability 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). Coverage shall be a Combined Single Limit Per Occurrence basis and the policy shall include Broad Form Property Damage Coverage with an insurance company satisfactory to City. The City of Fort Worth shall be named as an Additional Insured in the body of the policy (s), or in an Addendum thereto. 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 the 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; and f. 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 7 of 12 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 or 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 8 of 12 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 sub-licensee 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 the use of over one-half of any building included in the Facilities, as described in Addendum A, or vacate the use of over one-half of any portion of the total Facilities described in Addendum A; 4) Licensee becomes insolvent or makes a transfer in fraud of creditors, or makes an assignment for the benefit of creditors; or 5) 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 License 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 9 of 12 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 License 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 Fort Worth, Texas 76107 With Copy to: Sarah Fullenwider, Assitant City Attorney 1000 Throckmorton Street Fort Worth, Texas 76102 LICENSEE: Appaloosa Horse Club, Inc. Atte: Roger Klamfoth 2..-12 v W k1S-���.\\�na.►n�oo� Moscow, Idaho 83843 Page 10 of 12 24. SOLE AGREEMENT This written instrument constitutes the entire License 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 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 insure 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. Page 11 of 12 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. AT T. CITY OF VRTTH By: Citi Se etary Joe ani u Assistant Ci nager n M"/L U Approval Recommended: Contract Authorization By: Approved as to form and legality: Kirk N. Slaughter David Yett, City Attorney Director of Public Events APPALOOSA HORSE CLUB, INC. By: _ ij, Sarah F Ilen ider By: K Assistan Attorney Roger KI9Mfoth Chief Executivice Officer Page 12 of 12 APPALOOSA HOWSE CLUB, INC. ADDENDUM A (CONTRACT NUMBER ) FACILITIES City agrees to license and provide to Licensee the following facilities at the Will Rogers Memorial Center (WRMC) for the contracted dates listed below: 1. YEAR 2003 a. October 29-30, 2003 — Move In ■ Burnett Building Includes all stalls, Vet Clinic, office areas, exercise area and cattle pens if needed. ■ Richardson-Bass Building Includes all stalls, John Justin Arena, James L. and Eunice West Arena, Brown-Lupton Exhibits Area, Coburn Room, all available meeting rooms and office areas. ■ Charlie and Kit Moncrief Buildinq Includes W. R. Watt Arena, Charlie & Kit Moncrief Building Stall Area, exercise area, all meetings rooms and office areas. ■ Livestock Barns 2, 3, 4, and Show Arena b. Livestock shall not be permitted on show grounds prior to 8:00 a.m. October 29, 2003. c. October 31 — November 8, 2003 — Show dates ■ Burnett Building Includes all stalls, Vet Clinic, office areas, exercise area and cattle pens if needed. ■ Richardson-Bass Building Includes all stalls, John Justin Arena, James L. and Eunice West Arena, Brown-Lupton Exhibits Area, Coburn Room all available meeting rooms and office areas. ■ Charlie and Kit Moncrief Building Includes W. R. Watt Arena, Charlie & Kit Moncrief Building Stall Area, exercise area, all meetings rooms and office areas. ■ Livestock Barns 2, 3, 4, and Show Arena Page 1 of 9 d. November 9, 2003. — Move Out— Completed by 6:00 p.m. ■ Burnett Building Includes all stalls, Vet Clinic, office areas, exercise area and cattle pens if needed. ■ Richardson-Bass Buildinq Includes all stalls, John Justin Arena, James L. and Eunice West Arena, Brown-Lupton Exhibits Area, Coburn Room, all available meeting rooms and office areas. ■ Charlie and Kit Moncrief Buildinq Includes W. R. Watt Arena, Charlie & Kit Moncrief Building Stall Area, exercise area, all meetings rooms and office areas. ■ Livestock Barns 2, 3, 4, and Show Arena 2. YEAR 2004 through 2007 City will provide the facilities listed in la., c and d. above at the Will Rogers Memorial Center for the contracted dates listed below in the years 2004 through 2007: YEAR 2004 Move In — October 27 — 28, 2004 Livestock shall not be permitted on show grounds prior to 8:00 a.m. October 27, 2004 Show — October 29 — November 6, 2004 Move Out — November 7, 2004 YEAR 2005 Move In — October 26 — 27, 2005 Livestock shall not be permitted on show grounds prior to 8:00 a.m. October 26, 2005 Show — October 28 — November 5, 2005 Move Out — November 6, 2005 YEAR 2006 Move In — October 25 — 26, 2006 Livestock shall not be permitted on show grounds prior to 8:00 a.m. October 25, 2006 Show — October 27 — November 4, 2006 Move Out — November 5, 2006 Page 2 of 9 YEAR 2007 Move In — October 24 — 25, 2007 Livestock shall not be permitted on show grounds prior to 8:00 a.m. October 24, 2007 Show — October 26 — November 3, 2007 Move Out— November 4, 2007 RENTAL RATE SCHEDULE AS OF SEPTEMBER 2001 For rental of the facilities and services used pursuant to this License Agreement for the years 2003 through 2007, City agrees to license 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: 1. YEARS 2003 through 2007 a. Will Rogers Coliseum ■ Licensee will have first right of refusal to rent Will Rogers Coliseum as an additional exercise area throughout term of License Agreement. If City has an opportunity to offer Coliseum to another user, Licensee agrees to work with City to accommodate other user if at all possible. ■ $500 - Per Move In or Move Out Day (No heat or air) ■ $900 - Per Exercise Day (12 hours climate controlled) ■ $1,500 - Per Show Day (All show hours climate controlled) b. Burnett Building Stalls ■ $40 - per stall used in years 2003 through and including 2006 ■ $45 — per stall used in 2007 ■ There will be a $15.00 per stall per day early move-in fee 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 (No heat or air) ■ $500 - Per Exercise Day (12 hours climate controlled) ■ $800 - Per Show Day (All show hours climate controlled) e. James L. and Eunice West Sale Arena ■ $150 — Per Move In or Move Out Day (No heat or air) ■ $600 — Per Show/Sale Day (All show/sale hours climate controlled) Page 3 of 9 f. Brown-Lupton Exhibits Area ■ $100 - Per Move In or Move Out Day (No heat or air) ■ $300 - Per Show Day (All show hours climate controlled) g. Richardson-Bass Building Stalls ■ $40 - Per stall used in years 2003 through and including 2006 ■ $45 - Per stall used in 2007 ■ There will be a $15.00 per stall per day early move-in fee for each stall occupied prior to 8:00 a.m. on the first move-in day in each respective year contracted. h. Richardson-Bass Cattle Pens ■ $150 Per Move In or Move Out Day ■ $350 Per Show Day i. Richardson-Bass Building Parking Annex ■ No rental fee j. Moncrief Building Portable Stalls ■ $45 — per stall used ■ There will be a $15.00 per stall per day early move-in fee for each stall occupied prior to 8:00 a.m. on the first move-in day in each respective year contracted. k. W. R. Watt Arena ■ $250 - Per Move In or Move Out Day (No heat or air) ■ $500 - Per Exercise Day (12 hours climate controlled) ■ $1,000 - Per Show Day (All show hours climate controlled) I. Cattle Barns 2, 3, and 4 ■ $150 - Per Move In or Move Out Day, Per Barn ■ $350 — Per Show Day, Per Barn m. Cattle Barn 1 ■ Licensee will have first right of refusal to rent Cattle Barn 1 for installation of portable stalls beginning in year 2004 and continuing throughout the remainder of the License Agreement. If Licensee elects to rent Cattle Barn 1 in any year during term of License Agreement, written notice must be received by City by no later than six (6) weeks prior to first move in date of the year contracted for show. ■ $150 — Per Move In or Move Out Day ■ $350 — Per Show Day Page 4 of 9 n. Show Arena ■ $100 - Per Move In or Move Out Day ■ $300 — Per Show Day o. All events must end by midnight unless otherwise stated on the 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. p. Portable Stalls ■ Licensee will rent portable stalls directly from City or current contract vendor. ■ 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 License Agreement 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. ■ Licensee must use and pay rental for all permanent stalls prior to occupying portable stalls. 2. In order to establish actual rental fees for each facility, Licensee will submit to City in writing their confirmation of intent to license the facilities and their intended use of each facility (i.e. move-in, show, etc.) for the contracted dates no later than April 1st of each respective licensed year. Licensee understands that the License Agreement terms will be for the exact same number of facilities listed in Addendum A and the Licensee's written confirmation is solely for the purpose of establishing the Licensee's intent to license the facilities and to establish the use and respective rental fees of each facility. Any reduction or addition to the number of facilities listed in Addendum A must be mutually agreed upon between the Licensee and City. Page 5 of 9 PAYMENT SCHEDULE 1. YEAR 2003 Payment schedule for the year 2003 shall be as follows: a. Licensee shall pay a $5,000 partial facility rental payment by no later than April 1, 2003. b. Licensee shall pay a $15,000 partial facility rental payment by no later than October 15, 2003. C. Licensee shall pay in full any remaining balance owed within 30 days after receipt of final charges invoice following the conclusion of the show. 2. YEARS 2004 through 2007: Payment schedule for the years 2004 — 2007 shall be as follows: a. Licensee shall pay a $5,000 partial facility rental payment by no later than February 1 st of each licensed year. b. Licensee shall pay a $15,000 partial facility rental payment by no later than October 15th of each licensed year. C. Licensee shall pay in full any remaining balance owed within 30 days after receipt of final charges invoice following the conclusion of the show. AN:'UAL INCENTIVES Subject to the terms of this section, City agrees to apply a Thirty Six Thousand ($36,000) Dollar credit against Licensee's invoice for final charges upon conclusion of each Event. However, if the total annual rental payment for building usage by the Licensee falls below Forty One Thousand ($41,000) Dollars, the annual credit of Thirty Six Thousand ($36,000) Dollars will be reduced by an amount equal to the amount of the rental payment below Forty One Thousand ($41 ,000) Dollars. Rates will be calculated at the rates in effect through September 30, 2001. Licensor agrees to continue to sponsor License's annual awards banquet at a cost not to exceed $2,500 annually. Page 6 of 9 In addition to the terms and conditions in Paragraph 14 of the License Agreement, Licensee agrees to the following: 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. Appaloosa Horse Club, Inc., 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 5:00 p.m. on Monday following the conclusion of each show contracted. A copy of the invoice will be submitted to WRMC. 3. City agrees to pay to Licensee $10,000 for each show contracted toward discounting off-duty police/security expenses ADDITIONAL LICENSE AGREEMENT TERMS 1 . SHAVINGS City retains exclusive rights for the sale of all shavings at the prevailing rate. Shavings may not be brought onto show grounds by Licensee or any event participants. Licensee and/or 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 3'/z cubic foot bag. The total fine amount will be at the sole discretion of the Director of Public Events or his designee. Page 7 of 9 2. COMMERCIAL EXHIBITORNENDOR SPACE Licensee will be invoiced $35.00 per designated inside commercial exhibitor space and $100.00 per designated outside commercial exhibitor 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. Any use of outside exhibit space must be agreed upon by Licensee and City prior to October 1St in each licensed year. 3. CLEAN-UP ■ City will clean 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 the sound system owned by City as it exists at the execution of the License Agreement. ■ 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. ■ City will provide barn paging as required in contracted areas. 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. Page 8 of 9 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 Chief Executive Officer of the Appaloosa Horse Club or his designated representative. ■ All payments shall be made within 30 days after receipt of final charges invoice following the conclusion of each show licensed, payable to the City of Fort Worth at the office of the Director of Pubic 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. EXECUTED as of the date and year first above written at Fort Worth, Tarrant County, Texas. ATT- T: CITY OF O RTH By: City Sec r ary Jo n' Assist t Manager Jl> Ml l t J\,�k&&A Approval Recommended Contract Authorization By: Approved as to form and legality: irk Slaughter David Yett, City Attorney Director of Public Events APPALOOSA HORSE CLUB, INC. rah Fulle wider :BY Assistant. ty Attorney Roger Kla foth Chief Executive Officer rr1L1;':'l I'X Page 9of9