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HomeMy WebLinkAboutContract 53900-T1 CITY SECRETARY ONNTRACT N0. 5 30100-T►. TERMINATION AND RELEASE AGREEMENT Trust Fund Event Support Contract City Secretary Contract Number 53900 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 American Paint Horse Association ("Company"). 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 American Paint Horse Association World Championship from September 21 — October 4, 2020, the same being Fort Worth City Secretary Contract Number 53900 ("Agreement"). WHEREAS, due to the recent events surrounding COVID-19, the Company has reformatted its 2020 American Paint Horse Association World Championship to include new Ivent dates of September 18—October 4, 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-- d 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 July 21, 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. Termination Agreement for Events Trust Fund Agreement 1 of 3 ORTH,TX 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 hav the meanings assigned to them in the Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Termination Agreeme in multiples. CITY OF FORT WORTH AMERICAN PAINT HORSE ASSOCIATION By: ��-5rk— By: '�? U)44tt Jay Chapa Casey West Deputy City Manager President Date: 8—1- Aeg';w Date: 7/2/2QQ21b APPROVED AS TO FORM AND LEGALITY: By:isi yler F. Wallach Assistant City Attorney F.�...... sf X0.0. E. � ATTEST: ;' 1 • .. ... Mar&KayerL4 City Secretar 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. Brandy Wner ProgranWoordinator Contract Authorization: City Council Resolution Number 3513-08-2007 0MCIAL RECORD CCTV SECREtARY FT. WORTH,TX Termination Agreement for Events Trust Fund Agreement 3 of 3