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HomeMy WebLinkAboutContract 54006-T1 CSC No.54006-T1 TERMINATION AND RELEASE AGREEMENT Trust Fund Event Support Contract City Secretary Contract Number 54006 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 corporation, acting by and through its duly authorized representative,Fort Worth Convention and Visitors Bureau, d/b/a Visit Fort Worth ("VFW"), a Texas non-profit corporation; and B.A.S.S., LLC("BASS"),an Alabama limited liability company.The City,VFW,and BASS 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,the City,VFW,and BASS are currently parties to a Trust Fund Event Support Contract, pursuant to which the City has agreed to reimburse certain costs relating to the 2021 Bassmaster Classic from March 19 —March 21, 2021, the same being Fort Worth City Secretary Contract Number 54006 ("Agreement"). WHEREAS, due to the recent events surrounding COVID-19, BASS has rescheduled its 2021 Academy Sports and Outdoors Bassmaster Classic to include new event dates of June 11 — 13,2021 ("Event"); WHEREAS,this change will require the submission of a new application to the Office of the Texas Governor, Economic Development and Tourism to establish a new Event Trust Fund for the Event; WHEREAS, the Parties desire to memorialize 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 December 31, 2020. 3. BASS, VFW, and their officers, representatives, successors, and assigns, do 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, OFFICIAL RECORD Termination Agreement for Events Trust Fund Agreement CITY SECRETARY FT.WORTH, TX indirect, or derivative; or fixed or contingent that the BASS or VFW have or might claim to have against the City related to the Agreement. 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 Parties 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 heretohave executedthis Termination Agreement in multiples. CITY OF FORT WORTH B.A.S.S. LLC: 0 CST) By: By: Jay Chapa Carol Stone Deputy City Manager VP& General Manager Date: Date: APPROVED AS TO FORM VFW: AND LEGALITY: '�ZX4 By: By: Tyler F. Wallach Robert Jame n Assistant City Attorney CEO oaq'fORI ATTEST: OF0000000, 41yt a S d 0 P v 0, 0 Mary Kayer 00 City Secretary a E00000 �na�4 OFFICIAL RECORD Termination Agreement for Events Trust Fund Agreement CITY SECRETARY FT.WORTH, TX 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. AV" 0,41- A4 Brandy a er U Program lebordinator Contract Authorization: City Council Resolution Number 3513-08-2007 OFFICIAL RECORD Termination Agreement for Events Trust Fund Agreement CITY SECRETARY FT.WORTH, TX