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HomeMy WebLinkAboutContract 47421 1r;ro CITY SECRETARY CONTRACT 90. 4al NON-EXCLUSIVE ATM LICENSE AGREEMENT THIS LICENSE AGREEMENT('`Agreement') is entered into on thq; day of (✓/%c 2015 by and between the City of Fort Worth ("Licensor"), a home-rule municipal corporation acting by and through its duly authorized Assistant City Manager, and Fort Worth City Credit Union ("Licensee"), a credit union chartered by the State of Texas, acting by and through its duly authorized representative. The Licensor and Licensee may be referred to herein individually as a Party, or collectively as the Parties. WITNESSETH That for and in consideration of mutual covenants and agreements herein contained, the Parties hereto mutually agree as follows: ARTICLE 1 GRANT OF LICENSE (a) Licensor represents to Licensee that it is the owner of fee simple title to the property, commonly known as the Fort Worth Convention Center(­FWCC­),), located at 1201 Houston Street, Fort Worth, Texas 76102. (b) The Licensor hereby grants to the Licensee a non-exclusive license to install, operate and maintain ATMs within the FWCC in the locations set forth in Exhibit "A", which attached hereto and incorporated herein by reference ("Licensed Premises'). The Licensed Premises shall consist solely of the actual physical space occupied by the ATMs. ARTICLE 2 SCOPE OF LICENSE AGREEMENT (a) Licensee shall have the non-exclusive right and license to place the ATMs on the Licensed Premises. Licensee may hold and have the same space during the term of this Agreement in accordance with this Agreement's terms and provisions. (b) Licensee shall have the right, at any time after the first six (6) months of this Agreement, to elect to remove the ATMs from the FWCC and terminate this Agreement upon no less than thirty (30) days prior written notice to the Licensor. (c) If either party desires any additional ATMs for use at the FWCC during the term of this Agreement, then the parties agree to set forth amount and location of the ATMs as an amendment to this Agreement. All provisions of this Agreement will apply to and be binding for all such additional or revised locations. ARTICLE 3 TERM (a) The primary term of this Agreement shall be for two (2) years effective beginning on December 1, 2015 and ending on November 30, 2017 ("Primary Term"), unless earlier terminated as provided elsewhere in this Agreement. (b) This Agreement may, however, be renewed for three (3) additional one-year periods at the sole discretion of the Licensor(each a"Renewal Term"). OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX License Agreement with Fort Worth City Credit Union 1 of 12 ARTICLE 4 CONSIDERATION (a) The Parties acknowledge that the ATMs are provided for the convenience of the FWCC and its attendees, patrons, and licensees; therefore, the Licensee shall not be obligated to pay any rent or license fees to the Licensor. (b) Licensee shall have the right to charge a "Terminal Usage Fee" or "Surcharge Fee," which shall mean a fee assessed by Licensee (or an agent of Licensee) to the ATMs' user, whether or not such user is a customer of the Licensor, as a surcharge for using the ATMs. The Licensor shall have no right to share in any of said fee. The fee is subject to adjustment by Licensee from time-to-time. ARTICLE 5 LICENSEE'S OBLIGATIONS (a) Licensee shall install ATMs on the Licensed Premises and shall operate and maintain the ATMs in accordance with its reasonable practices and procedures, but in any event equal to or greater than the levels of operation and maintenance customary in the industry. Licensee's ATMs shall be connected with at least one national ATM network (e.g., Cirrus, Plus, etc.). Licensee's operation of the ATMs shall be in compliance with all applicable federal, state and local laws, ordinances, rules and regulations. Other than electrical. Licensee shall bear all costs in connection with the installation, operation, and maintenance of the ATMs. Licensee, at its sole expense, shall be responsible for supplying electrical services for each ATM by providing a dedicated 1 10 amp line. Licensee shall supply paper for all transaction receipts. (b) Licensee or an affiliate or subsidiary of Licensee shall be the sole owner or lessee of the ATMs, and shall be in sole control of the nature and scope of the operation of the ATMs. At Licensee's expense, Licensee or an affiliate or subsidiary of Licensee, shall be solely responsible for the maintenance of the ATMs, and the costs of all data communications necessary for the operation of the ATMs. (c) Licensee shall use its customary practices and procedures to ensure that the ATMs are operational during applicable business hours of the FWCC, which efforts shall include, without limitation, dispatching service personnel, making repairs, providing janitorial services, replenishing cash, and monitoring dataline issues. (d) Licensee and the Licensor shall mutually agree on the date and time of installation and removal of the ATMs. (e) Licensee agrees to provide, install, operate and maintain, at no expense to the Licensor, the computer, telephone and other lines that serve the ATMs, as well as any and all other facilities and equipment that may be necessary or appropriate for the installation, operation and maintenance of the ATMs. The appearance, location and all other features and characteristics of the lines, facilities and equipment serving the ATMs will be mutually agreed upon by the Licensor and Licensee. Upon termination of this Agreement or removal of the ATMs from the Licensed Premises, all conduit and electrical, computer, telephone and other lines that serve the ATMs will remain the property of the Licensor and remain at the FWCC. Licensee shall have no further obligation to restore the FWCC upon removal of the ATMs. (f) Licensee shall provide all cash services (maintaining sufficient cash in the ATMs), paper loading, and first line maintenance (paper and cash misfeeds) for each ATM. License Aereement NN'ith Fort Worth City Credit Union 2 of 12 ARTICLE 6 THE LICENSOR'S OBLIGATIONS (a) The Licensor shall bear the expense of all day-to-day electricity consumed in the operation of the ATMs and ATM signage at the Premises. (b) Licensee, its employees, independent contractors and agents shall have access to the ATMs during business hours for the purpose of installing, maintaining, servicing, operating and removing the ATMs. In doing so, the Licensor shall not interfere with the normal operations of Licensee's business and will ensure that no obstructions limit full access to the ATMs. (c) The Licensor shall have no responsibility for the security of any ATMs, other than to act in accordance with its customary practices and procedures with respect to the FWCC and its property contained therein, and shall not be responsible for the operation of the ATMs. (d) Any interior or exterior ATM signage or merchandising shall be mutually agreed upon by the Licensor and Licensee and shall be sufficient to promote and advertise the placement of the ATMs on the Licensed Premises. ARTICLE 7 ADVERTISING Neither party shall refer to the other party in advertising nor use the other party's logos, trademarks, or service marks without the prior written consent of the respective party; provided however, that Licensee shall be permitted to include the address of the ATMs in its directories. Each party acknowledges that the other party's logos, trademarks, and service marks are the sole property of the respective party. ARTICLE 8 LICENSED PREMISES ADJUSTMENTS If, after the ATMs have been installed, the Licensor shall designate a different location for such ATMs, Licensee, at the Licensor's expense, after no less than sixty (60) calendar days prior written notice, shall remove and relocate the ATMs to a location reasonably acceptable to both parties. If Licensee and the Licensor cannot mutually agree on an acceptable location, the Licensor shall have the right to terminate this Agreement upon thirty (30) calendar days written notice to Licensee, in which event all rights and obligations hereunder relating to this Agreement shall cease upon such termination. ARTICLE 9 TRADE SECRETS The ATMs consist of computer programs, procedures, forms and other related materials that have been acquired, licensed to or developed by Licensee at substantial expense. Licensor acknowledges that the foregoing may be trade secrets that are of value to Licensee, and disclosure to others of any of the programs, procedures, forms, and other related materials with respect to the ATMs may result in loss and irreparable damages to Licensee. Licensor, therefore, agrees not to disclose to others any information regarding such programs, contracts, procedures, forms and other related materials with respect to Agreement except as required by law. All specifications, tapes, programs and other related materials developed by or for Licensee in connection with this Agreement are the property of Licensee and will be returned to Licensee upon the termination of this Agreement. This paragraph is subject to Article 23 of this Agreement. License Agreement with Fort Worth City Credit Union 3 of 12 ARTICLE 10 PERSONAL PROPERTY The ATMs and their contents shall remain the property of Licensee or Licensee's lessor at all times and shall not be construed as fixtures. ARTICLE 11 INDEMNIFICATION (a) LICENSEE SHALL AND DOES AGREE TO INDEMNIFY, PROTECT, DEFEND AND HOLD HARMLESS CITY AND CITY'S EMPLOYEES, REPRESENTATIVES, OFFICERS, AND SERVANTS FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS,JUDGMENTS AND EXPENSES, (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR DESCRIPTION (1) RELATING TO THE USE OR OCCUPANCY OF THE LICENSED PREMISES AND FWCC BY LICENSEE, AND ITS EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS, PATRONS, AGENTS, INVITEES, LICENSEES, CONTRACTORS, OR ANY PERSON OR ENTITY USING THE LICENSED PREMISES OR FWCC FOR THE PURPOSES SET FORTH IN THIS AGREEMENT OR (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR ENTITY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY ANY ACT OR OMISSION ON THE PART OF LICENSEE AND ITS LICENSEES, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS, AGENTS, PATRONS, INVITEES, CONTRACTORS, OR ANYONE LICENSEE CONTROLS OR EXERCISES CONTROL OVER OR (3) BY ANY BREACH, VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF LICENSEE UNDER THIS AGREEMENT. (b) THIS INDEMNITY PROVISION (INCLUDING, WITHOUT LIMITATION, INDEMNITY FOR COSTS, EXPENSES AND LEGAL FEES) IS SPECIFICALLY INTENDED TO OPERATE AND BE APPLICABLE EVEN IF IT IS ALLEGED OR PROVED THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED AS A WHOLE OR IN PART BY ANY ACT, OMISSION, NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, INTENTIONAL CONDUCT, VIOLATION OF STATUTE OR COMMON LAW, BREACH OF WARRANTY, PRODUCT DEFECT, STRICT PRODUCT LIABILITY, OR ANY OTHER CONDUCT WHATSOEVER OF THE LICENSOR. ARTICLE 12 INSURANCE (a) Prior to the time Licensee is entitled to any right of access to or use of the Licensed Premises, Licensee shall procure, pay for and maintain the following insurance written by companies approved by the State of Texas and acceptable to the Director of the Licensor's Public Event's Department or that person's designee ("Director''). The following insurance shall be evidenced by delivery to the Director of executed certificates of insurance or certified copies of policies, whichever is acceptable to the Director. 1. Commercial General Liability(CGL) Insurance i. $1,000,000 each occurrence ii. $2,000,000 aggregate limit License Agreement%%ith Fort Worth City Credit Union 4 of 12 2. Business Automobile Liability Insurance i. $1,000,000 each accident on a combined single limit or $250,000 Property Damage; and $500,000 Bodily Injury per person per occurrence ii. The insurance policy shall be endorsed to cover "Any Auto", defined as autos owned, hired, and non-owned when said vehicle is used in the course of the Event herein. 3. Workers' Compensation Insurance i. Part A: Statutory Limits ii. Part B: Employer's Liability a) $100,000 each accident b) $100,000 disease-each employee C) $500,000 disease-policy limit (b) Additional Requirements. 1. Such insurance amounts shall be revised upward at the Director's reasonable option and no more frequently than once every 12 months, and Licensee shall revise such amounts within thirty (30)calendar days following notice to Licensee Of such requirements. 2. To the extent permissible by applicable law, insurance policies required herein shall be endorsed to include Licensor as an additional insured as its interest may appear. Additional insured parties shall include employees, representatives, officers, agents, and volunteers of City. 3. All policies shall include a Waiver of Subrogation (Right of Recovery) in favor of the City of Fort Worth. 4. Any failure on part of Director to request certificate(s) of insurance shall not be construed as a waiver of such requirement or as a waiver of the insurance requirements themselves. 5. Insurers of Licensee's insurance policies shall be licensed to do business in the state of Texas by the Department of Insurance or be otherwise eligible and authorized to do business in the state of Texas. Insurers shall be acceptable to the Director insofar as their financial strength and solvency and each such company shall have a current minimum A.M. Best Key Rating Guide rating of A-: VIII or other equivalent insurance industry standard rating otherwise approved by the Director. License Agreement with Fort Worth City Credit Union 5 of 12 6. Deductible limits on insurance policies shall not exceed $10,000 per occurrence unless otherwise approved by the Director. Deductibles shall be listed on the certificate of insurance. 7. In the event there are any local, federal or other regulatory insurance or bonding requirements for Licensee's operations, and such requirements exceed those specified herein, then such requirements shall prevail. 8. Licensee shall require its contractors and subcontractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and, Licensee shall require its contractors and subcontractors to provide Licensee and Licensor with certificate(s) of insurance documenting such coverage. Also, Licensee shall require its contractors and subcontractors to have Licensor and Licensee endorsed as additional insureds (as their interest may appear) on their respective insurance policies. 9. The term of insurance is for the duration of the Primary Term and any Renewal Term, which includes the period from the right of access to set-up through the period allowed for removal of property. 10. The Licensee is responsible for providing the City with a thirty (30) calendar day notice of cancellation or non-renewal of any insurance policy and may not change the terms and conditions of any policy that would limit the scope or coverage, or otherwise alter or disallow coverage as required herein. 11. Any self-insured retention in excess of$25,000.00, affecting required insurance coverage, shall be acceptable to and approved by the Director in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by the Director. 12. The 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 that all are at the sole risk of Licensee. 13. For purposes of this insurance section, the terms "Owner'', "City" or "City of Fort Worth" shall include all authorities, boards, bureaus, commissions, divisions, departments, and officers of the City and the individual members, representatives, officers, employees, and agents thereof in their official capacities and while acting on behalf of the City of Fort Worth. 14. Coverage shall be written on a Per Occurrence basis and the policy shall include Broad Form Property Damage Coverage with an insurance company satisfactory to the Director. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. When required, Excess Liability shall follow the form of the primary coverage. 15. If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the Primary Term and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Agreement License Agreement«ith Fort Worth Cit}Credit lJnion 6 of 12 and for five (5) years following termination or expiration of the Agreement. An annual certificate of insurance submitted to the Licensor shall evidence such insurance coverage. 16. Certificates of Insurance shall be delivered to the Fort Worth Convention Center, 1201 Houston Street, Fort Worth, Texas 76102, evidencing all the required coverages, including endorsements. (c) Licensee hereby waives subrogation rights for loss or damage against City, and its officers, agents, representatives, servants, and employees for personal injury (including, but not limited to, death), property damage, and any other loss. (d) Licensee shall not do or permit to be done anything in or upon any portion of the Licensed Premises or the FWCC, or bring or keep anything therein or thereupon that will in any way conflict with the conditions of any insurance policy upon the Licensed Premises or the FWCC or any part thereof, or in any way increase the rate of fire insurance upon the FWCC or on property kept therein, or in any way obstruct or interfere with the right of the other tenants of the FWCC, or injure or annoy them. (e) Notwithstanding anything to the contrary, City may terminate this Agreement immediately upon the failure of the Licensee to provide acceptable documentation of insurance as required herein. ARTICLE 13 TRANSFER OR ASSIGNMENT The Licensor and Licensee each bind themselves, and their lawful successors and assigns, to this Agreement. Licensee, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the Licensor. ARTICLE 14 TERMINATION OF AGREEMENT (a) Convenience. The Licensor may terminate this Agreement for its convenience upon thirty(30)days' written notice. (b) Cause. In the event a party hereto materially defaults in the performance of any of its duties or obligations hereunder, which default shall not be substantially cured within thirty (30) calendar days after written notice is given to the defaulting party specifying the default, then the party not in default may, by giving notice thereof to the defaulting party, terminate this Agreement. (c) If the Licensor chooses to terminate this Agreement under Article 12, upon receipt of notice of termination, Licensee shall discontinue services rendered up to the date of such termination. (d) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the Licensor, its officers, agents, employees, consultants, or contractors, or prepared by Licensee, shall be or become the property of the Licensor, and shall be furnished to the Licensor prior to or at the time such services are completed, or upon termination or expiration of this License Agreement. (e) Bankruptcy, Either party hereto shall have the right to terminate this Agreement immediately and without prior notice, in the event that the other party: (i) terminates or suspends its business, due to any bankruptcy or insolvency proceeding under federal or state statute; (ii) becomes License Agreement with Fort worth Cite Credit Union 7 of 12 insolvent or becomes subject to direct control by a trustee, receiver or similar authority; or(iii) has wound up or liquidated, whether voluntary or otherwise. ARTICLE 15 INDEPENDENT CONTRACTOR AND LICENSOR NOT A BANK (a) It is expressly understood and agreed that Licensee shall operate as an independent contractor as to all rights and privileges granted herein, and not as agent, representative or employee of the Licensor. Subject to and in accordance with the conditions and provisions of this Agreement, Licensee shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors (except the City), and subcontractors. Licensee acknowledges that the doctrine of respondeat si perior shall not apply as between the Licensor, its officers, agents, servants and employees, and Licensee, and its officers, agents, employees, servants, contractors, and subcontractors. (b) In addition, the parties acknowledge and agree that Licensor, by entering into this Agreement, is not in any manner representing itself to be a bank or otherwise involved in the banking business. ARTICLE 16 COMPLIANCE WITH LAWS Licensee shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws, ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. LICENSEE AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS LICENSOR AND ALL OF ITS OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE OR REGULATION,WHETHER IT BE BV ITSELF OR ITS EMPLOYEES. ARTICLE 17 VENUE AND CHOICE OF LAW If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this 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. ARTICLE 18 AGREEMENT CONSTRUCTION The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. License Asreement«ith Fort Worth City Credit Union 8 of 12 ARTICLE 19 SEVERABILITY The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained herein. ARTICLE 20 NOTICES Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand- delivery or via U.S. Postal Service certified mail, return receipt requested, postage prepaid, to the address of the other Party shown below: Licensor: Licensee: City of Fort Worth Fort Worth City Credit Union ATT-N: Kirk Slaughter ATTN: Ron Fox Public Events Director 2309 Montgomery Street 1201 Houston Street Fort Worth, Texas 76107 Fort Worth, Texas 76102 With a Copy to: City Attorney 1000 Throckmorton Street Fort Worth, Texas 76102 ARTICLE 21 HEADINGS The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. ARTICLE 22 COUNTERPARTS This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. ARTICLE 23 PUBLIC INFORMATION ACT Licensee understands and acknowledges that the Licensor is a public entity under the laws of the State of Texas and as such, all documents held by the Licensor are subject to disclosure under Chapter 552 of the Texas Government Code. Licensee shall clearly indicate to the City what information it deems proprietary. If the Licensor is required to disclose any documents that may reveal any proprietary License Agreement .N ith Fort Worth City Credit Union 9 of 12 information to third parties under the Texas Government Code, or by any other legal process, law, rule or judicial order by a court of competent jurisdiction, the Licensor will notify Licensee prior to disclosure of such documents, and give Licensee the opportunity to submit reasons for objections to disclosure. The Licensor agrees to restrict access to Licensee information to those persons within its organization who have a need to know for purposes of management of this Agreement. The Licensor agrees to inform its employees of authorized disclosure or transfer of information. The Licensor will use its best efforts to secure and protect Licensee information in the same manner and to the same degree it protects its own proprietary information; however, the Licensor does not guarantee that any information deem proprietary by Licensee will be protected from public disclosure if release is required by law. The foregoing obligation regarding confidentiality shall remain in effect for a period of three (3) years after the expiration of this Agreement. Notwithstanding anything to the contrary, the Licensor shall not be liable for any documents that must be disclosed pursuant to law. ARTICLE 24 FORCE MAJEURE It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God, inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances that are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period requirement shall be extended for a period of time equal to the period such party was delayed. ARTICLE 25 GOVERNMENTAL POWERS It is understood that by execution of this Agreement, the City does not waive or surrender any of it governmental powers or immunities. ARTICLE 26 WAIVER AND NO THIRD PARTY RIGHTS (a) The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. (b) The provisions and conditions of this Agreement are solely for the benefit of the Licensor and Licensee, and any lawful assign or successor of Licensee and are not intended to create any rights, contractual or otherwise,to any other person or entity. ARTICLE 26 SIGNATURE AUTHORITY The person signing this Agreement, and any amendments or addenda hereto, hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. License Agreement«ith Fort Worth City Credit thiion 10 of 12 ARTICLE 27 SOLE AGREEMENT This written instrument constitutes the entire Agreement by the parties hereto concerning the use of the Licensed Premises and obligations of the parties and any prior or contemporaneous oral or written agreement that purports to vary from the terms hereof shall be void. It is understood and agreed that all the provisions of this Agreement are applicable except where specifically modified by written agreement of the parties, as approved by the duly authorized representative for each. IN WITNESS THEREOF, the parties hereto have made and executed this Agreement in multiple originals the day and year first above written, in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH: FORT WORTH CITY CREDIT UNION: By: By: S San Alanis Ron Fox ssistant City Manager President RECOMME E Kirk Slaughter, Director Public Events Department APPROVED AS TO FORM AND LEGALITY: Tyle ch Assists ity 4omey ATTEST: opG °;0 oy y $2 City S e ary S OFFICIAL RECORD NOM&C -It L'QUIRED CITY SECRETARY FT.WORTH,TX License Agreement kith Fort Worth Cit}'Credit Union I I of 12 EXHIBITSO A s , I MGM - � O g m � D•• 1 i M.•M I wme 1 � C a � f I C7 iQ. z O U 133ULS HL" ATM in the 9th Street Lobby License Agreement with Fort Worth City Credit Union 12 of 12