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HomeMy WebLinkAboutContract 29074 CITY SECRETARY STATE OF TEXAS § CONTRACT NO. CA -1 COUNTY OF TARRANT § AMENDMENT TO CITY SECRETARY CONTRACT NO. 197259 AS AMENDED BY CITY SECRETARY CONTRACT NOS. 20829, 27471 AND 27897 LEASE AGREEMENT WITH SOUTHWESTERN EXPOSITION AND LIVESTOCK SHOW This amendment to City Secretary Contract No. 27897 (the "Agreement") is made and entered into by and between the City of Fort Worth, a home-rule municipal corporation situated in Tarrant, Denton and Wise Counties, Texas, acting herein by and through its duly authorized Assistant City Manager, Joe Paniagua, (hereinafter called the "Lessor"), and the Southwestern Exposition and Livestock Show, a nonprofit livestock and civic corporation organized under the laws of the State of Texas, acting herein by and through its Chairman of the Board of Directors and its President, (hereinafter referred to as "Lessee"), said officers being authorized and instructed to execute this instrument by resolution passed by the Board of Directors of said corporation. WHEREAS, on October 30, 1984, the City of Fort Worth, as Lessor and the Southwestern Exposition and Fat Stock Show, as Lessee, entered into an agreement known as City Secretary Contract No. 14071, on file in the Office of the City Secretary of Fort Worth under the terms of which certain facilities were leased to the Lessee for the purpose of conducting the Southwestern Exposition and Fat Stock Show; WHEREAS, after execution of the contract, the name of the Lessee changed to the Southwestern Exposition and Livestock Show and the names of certain of the leased facilities changed; WHEREAS, on June 26, 1989, the City of Fort Worth, as Lessor, and the Southwestern Exposition and Fat Stock Show, as Lessee, amended City Secretary Contract No. 14071 in its entirety to, among other things, change the name of the Lessee to Southwestern Exposition and Livestock Show, change the name of certain leased facilities, extend the term of the lease and add certain payment provisions, the same being City Secretary Contract No. 17195; WHEREAS, in 1993, the City of Fort Worth, as Lessor, and the Southwestern Exposition and Livestock Show, as Lessee, agreed to amend City Secretary Contract No. 17195 to accept a contribution by the Lessee to add certain real property adjacent to the leased facilities and to provide funding for the cost of constru building; L1i51 WHEREAS, on June 4, 1993, the City of Fort Worth, as Lessor, and the Southwestern Exposition and Livestock Show, as Lessee, amended City Secretary Contract No. 17195 in its entirety to, among other things, extend the term of the contract and to add certain payment provisions, the same being City Secretary Contract No. 19725; WHEREAS, on February 7, 1995, the City of Fort Worth, as Lessor, and the Southwestern Exposition and Livestock Show, as Lessee, entered into that certain agreement known as City Secretary Contract No. 20829, amending City Secretary Contract No. 19725, to provide for additional reductions in the base rental due to unanticipated cost increases in the construction of the livestock building under the terms and commitments of Contract No. 19725; WHEREAS, on February 12, 2002 the City of Fort Worth, as Lessor, and the Southwestern Exposition and Livestock Show, as Lessee, entered into that certain agreement known as City Secretary Contract No. 27471, amending City Secretary Contract No. 20829, to release the obligation of the Lessee to share revenue received from the Harley Street Parking Lot during the annual Stock Show and Rodeo; WHEREAS, on August 5, 2002, the City of Fort Worth, as Lessor, and the Southwestern Exposition and Livestock Show, as Lessee, entered into that certain agreement known as City Secretary Contract No. 27897, amending City Secretary Contract No. 27471, to delete the original parking spaces shown on Exhibit "A" in City Secretary Contract No. 19725 which are now occupied by the National Cowgirl Museum and designated for the plaza and the future Texas and Southwestern Cattle Raisers Museum; WHEREAS, Contract No. 19725 was supplemented by that certain Memorandum of Understanding dated October 27, 1993; WHEREAS, said amendments to City Secretary Contract No. 14071 are on file in the Office of the City Secretary of Fort Worth as City Secretary Contract Nos. 17195, 19725, 20829, 27471, and 27897; WHEREAS, the Lessor and Lessee desire to amend said City Secretary Contract No. 14071 as amended by City Secretary Contract Nos. 17195, 19725, 20829, 27471, and 27897, for the purpose of reimbursing Lessee for the cost of replacing one 5Kv Transfer Switch and Feeder Replacement in the Vault which provides electricity to the 5000 volt loop serving the Coliseum and Auditorium and partially reimburse Lessee for the cost of infrastructure improvements to the Will Rogers Coliseum Backstage Club; NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: That the Lessor and Lessee, for and in good and valuable consideration of the mutual covenants and agreements contained herein, do mutually covenant and agree that said City Secretary Contract No. 14071 as amended by City Secretary Contract Nos. 17195, 19725, 20829, 27471, and 27897, on file in the office of the City Secretary of the City of Fort Worth, is hereby amended as follows: 1. That City Secretary Contract No. 14071 as amended by City Secretary Contract Nos. 17195, 19725, 20829, 27471, and 27897, is hereby amended to amend Section 2 "Rental" to add a subsection (E) in order to accept necessary infrastructure improvements at Will Rogers Memorial Center in return for partial reimbursement from Lessor. Subsection (E) of Section 2 "Rental" shall read as follows: Prior to the 2004 Event, Lessee agrees to contract with an electrical service provider to replace one 5Kv Transfer Switch and Feeder Replacement in the Vault in order to substantially reduce the likelihood of total power loss to the Coliseum and Auditorium at Will Rogers Memorial Center during future events. Additionally, prior to the 2004 Event, Lessee agrees to cause to be performed approximately $300,000 in safety and building code mandated infrastructure improvements to the Backstage Club in Will Rogers Coliseum. Improvements include installation of a Fire Alarm System, Wet Pipe Fire Sprinkler system and refurbishment of the antiquated elevator. At the completion of the 2004 Event and upon submittal of final charges owed to Lessor by Lessee from the Event, Lessor will issue a credit to Lessee not to exceed $156,058.00 in order to partially reimburse Lessee for the cost of the 5Kv Transfer Switch and infrastructure improvements listed below: Installation of one (1) 5Kv Transfer Switch and Feeder Replacement in the Vault $36,058.00 Refurbishment of antiquated elevator and related construction $120,000.00 TOTAL $156,058.00 Lessee agrees that the above credit of $156,058.00 issued by Lessor to Lessee at the end of the 2004 Event reimburses the Lessee in full for the expenses for services incurred by the Lessee under this subsection. 2. That City Secretary Contract No. 14071 as amended by City Secretary Contract Nos. 17195, 19725, 20829, 27471, and 27897, is hereby amended to amend Section 6, "Compliance with Laws" to add Exhibit "B" to set out the maximum number of persons allowed in the Back Stage Club during the annual Southwestern Exposition and Livestock Show. 3. That all other terms and conditions of City Secretary Contract No. 14071, as amended by City Secretary Contract Nos. 17195, 19725, 20829 and 27471 which are not amended herein, shall remain in full force and effect throughout the term of this Agreement. WITNESS WHEREOF, the parties hereto have executed this Agreement this +�- day of , 2003 in Fort Worth, Tarrant County, Texas. ATTEST: CITY OF FORT O TH, LESSOR By _ By: LiT City Secretary Joe P is a, 4istant City Manager APPROVED AS TO FORM AND LEGALITY SOUTHWESTERN EXPOSITION AND DAVID VETT, CITY ATTORNEY LIVESTOCK SHOW, LESSEE B By Sarah Fullenwider Chairman of the Board Assistant City Attorney By President APPROVAL RECOMMENDED: Contract Authorization By g1�Io� irk N Slaughter, Director of Public Events u�Ate OFFICIA FT. NO TEX, EXHIBIT "B" FORTWORTH DEVELOPMENT DEPARTMENT INTEROFFICE MEMORANDUM To: Kirk Slaughter DirectorofPublkEvests From: Al Godwin, CBO Building Official Date: 7/8/2003 Re: Backstage Club The following is a summary of documents leading up to this memo: 1. Mr. Watt's May 21" letter, with a request for a desired occupant load of 420. This letter also included a proposal with a division of correction responsibilities between the Southwester Exposition and Livestock Show and the City. 2. Mr. Freeman's May 291h letter, with an explanation of the expected sprinkler and alarm corrections. After discussion with Mr. Freeman, we are prepared to respond with the following occupant load proposal: The Certificate of Occupancy will have a basic occupant load of"350". The operator is expected to function within this limit without on-site supervision of the Fire Department. This occupant load does permit the banquet design, see table and chair layout attached (although this design must be rechecked when tables are actually laid out). As with any Assembly or bar usage,the operation is subject to spot checks to insure compliance. The CO will also have a note to read as follows: "An increased occupant load up to 420 may be permitted by the Fire Department with an Assembly Permit." 1 July 8, 2003 When an activity is planed with an expected occupant load exceeding 350, an Assembly Permit from the Fire Department will be required. The Fire Department is authorized to approve the following: 1. Under normal operation as a bar without banquet eating design, an occupant load up to 420 will be permitted with one Marshal present. 2. During the stock show, under normal operation as a bar without banquet eating design, an occupant load up to 420 will be permitted with one Marshal present, except that on Friday and Saturday, two Marshals are to be present. 3. With the banquet eating design, may have up to 395, with one Marshal present. During the stock show, with a fire truck present, the banquet eating design may have up to 420, with two Marshals present. 4. Again, all occupancies over 350 will require an Assembly Permit from the Fire Department. In short, as a normal bar with some scattered tables and chairs for sitting/drinking usage, the operation has an occupant load of 350 without any Fire Department supervision, except that standard spot checks may occur. The banquet eating design is also permitted with an occupant of 350. During special events, an increased occupant load of 420 is allowable with an Assembly Permit, under special conditions and with one or two Marshals present. Staff appreciates the opportunity to work with the improvement package presented. It is believed that the live safety of this area will be greatly improved. Cc: Charles Gaines, Fire Chief Bob Riley, Development Director Chris Harmon, Asst. Public Events Director Joe Paniagua, Asst. City Manager 2 City of Fort Worth, Texas (MV1.4or And C,auncil commu"icatio" DATE REFERENCE NUMBER LOG NAME PAGE 8/26/03 C-19734 25STOCK SHOW 1 of 2 SUBJECT AMENDMENT TO CONTRACT BETWEEN THE CITY OF FORT WORTH AND THE SOUTHWESTERN EXPOSITION AND LIVESTOCK SHOW RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an amendment to the Southwestern Exposition and Livestock Show Lease Agreement for the purpose of authorizing necessary infrastructure improvements at Will Rogers Memorial Center. DISCUSSION: The Coliseum, Pioneer Tower and Auditorium at the Will Rogers Memorial Center (WRMC) were built in 1936. Along with more recently constructed buildings, the WRMC plays host to a multitude of public and private events that generate a substantial economic impact for the Fort Worth tourism industry and income to the City of Fort Worth. Many organizations that utilize the Will Rogers Memorial Center facilities are under multi-year agreements. To avoid the potential total loss of electrical power to the WRMC facilities and the subsequent loss of business to the City and Fort Worth's tourism industry, and to address patron safety issues, necessary infrastructure improvements must be made as quickly as possible. The Southwestern Exposition and Livestock Show (SWELS) has agreed to substantially contribute to the cost of such repairs in order to lessen the possible impact on its 2004 event, in addition to the possible impact on other WRMC clients. In order to facilitate completion of these improvements prior to the organization's event in early 2004, the SWELS has agreed to cause said repairs to be completed within the limited available timeframe necessary to complete the project. The projects and total costs are: Replacement of one (1) aged 5Kv Transfer Switch and Feeder Replacement in Vault $ 36,058.00 Installation of Fire Alarm System and Wet Pipe Fire Sprinkler System and related construction; and Elevator Renovations and Upgrades and related Construction to serve the Backstage Club $299,450.30 Total $335,508.30 In exchange for SWELS's payment of these costs and expenses, the City will issue a credit to the SWELS after completion of the 2004 event in the amount of $36,058.00 for the cost of replacing the electrical switch gear and an amount not to exceed $120,000.00 for the cost of the elevator renovations, upgrades and related construction and contingency for a total not to exceed $156,058.00. The SWELS will contribute $179,450.00 or 53% of the overall cost of the project. Additionally, during the next fiscal year, the City may transfer $120,000.00 from the FY2003-2004 Culture and Tourism Fund balance to the General Fund account to partially offset the expense. City of Fort Worth, Texas 4vagov And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 8/26/03 C-19734 25STOCK SHOW 2 of 2 SUBJECT AMENDMENT TO CONTRACT BETWEEN THE CITY OF FORT WORTH AND THE SOUTHWESTERN EXPOSITION AND LIVESTOCK SHOW FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on city funds at this time. JP:r Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Joe Paniagua 6140 Originating Department Head: Kirk Slaughter 2501 (from) APPROVED 08/26/03 Additional Information Contact: Pam Jackson 5989