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HomeMy WebLinkAboutContract 53526-T1 CRY SECRETARY E CollfRAC`f NO. DECEIVED MAR 312020 cjM �o TERMINATION AND RELEASE AGREEMENT CITYSEGRETARY Trust Fund Event Support Contract City Secretary Contract Number 53526 This TERMINATION AND RELEASE AGREEMENT ("Termination Agreement") is made and entered into by and between the City of Fort Worth ("City"), a home-rule municipal corporations, acting by and through its duly authorized representative, and Cruz Bay Publishing, Inc.,d/b/a United States Team Roping Championships ("Company"), a New Mexico corporation, acting by and through its duly authorized representative. The City and Company are collectively referred to herein as the "Parties". The following statements are true and correct and form the basis upon which the parties have entered into this Agreement: WHEREAS, City and Company are currently parties to a Trust Fund Event Support Contract, pursuant to which the City has agreed to reimburse certain costs relating to the Company's 2020 United States Team Roping Championships National Finals from April 21-26, 2020, the same being Fort Worth City Secretary Contract Number 53526 ("Agreement"). WHEREAS, due to the recent events surrounding COVID-19, the Company has rescheduled its 2020 Team Roping Championships to September 2020; WHEREAS, this change will require the submission of a new application to the EDT to establish a new Event Trust Fund; WHEREAS, the Parties desire to memorialize this final payment and the formal termination date of the Agreement; and NOW,THEREFORE,in consideration of the mutual covenants,promises and obligations contained herein,the parties agree as follows: 1. The Parties agree that the recitals set forth above are true and correct and form the basis of this Termination Agreement. 2. The Agreement is hereby terminated effective as of March 27, 2020. 3. Company, and its officers, representatives, successors, and assigns, does hereby fully, finally, completely, generally, and forever release, discharge, and relinquish the City, and its respective officers, directors, elected officials, current and former employees, agents, attorneys, successors, and assigns from any and all claims, actions, demands, liens, and causes of action of whatever kind or character, at law or in equity, whether known or unknown; present or future; liquidated or unliquidated; asserted or un-asserted;joint or several;matured or unmatured; direct, indirect, or derivative; or fixed or contingent that Company has or might claim to have against the City related to the Agreement. rx Termination Agreement for Events Trust Fund Agreement P 4. This Termination Agreement may be executed in multiple originals each of which shall be deemed an original for all purposes. 5. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Termination Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 6. This Termination Agreement contains the entire understanding and agreement between the City and Company as to matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent it is in conflict with the terms and conditions of this Termination Agreement. 7. All terms in this Termination Agreement that are capitalized but not defined shall have the meanings assigned to them in the Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Termination Agreement in multiples. CITY OF FORT WORTH CRUZ BAY PUBLISHING,INC. d/b/a UNITED STATES TEAM ROPING CHAMPIONSHIPS By: � By: Jay Chapa Ty Yost Deputy City Manager President of Roping Operations Date: �1 Date: 3-25-20 APPROVED AS TO FORM AND LEGALITY: By:ls/Tyler Wallach Tyler F. Wallach Assistant City Attorney ATTEST: UE�FICIAL RECUkL_ Mary itayerOTY , PV City Secretary Ft ORI ,� ------------------------------------------------------------------------------------------------------------------ ------ Termination Agreement for Events Trust Fund Agreement 2 of 3 CITY OF FORT WORTH USE ONLY Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Brand fagn ProgrAef Coordinator Contract Authorization: City Council Resolution Number 3513-08-2007 Oi=MIAL RECORD CM SECRETARY FT WORTH,TX Termination Agreement for Events Trust Fund Agreement' 3 of 3