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MINATION OF LICENSE AGREEMENT BETWEEN THE CITY OF FORT WORTH
�G, AND THE FORT WORTH TRANSPORTATION AUTHORITY(CSO 48906)
This Termination of License Agreement(the"Termination")is entered into to be effective as of December
6, 2019 ("Effective Date") between City of Fort Worth ("City") and the Fort Worth Transportation
Authority("FWTA").
RECITALS
WHEREAS, the City and FWTA entered into a License Agreement (CSO 48906) with a
Commencement Date of March 28,2017,with respect to the Property located at 1301 E.Northside Drive,
Fort Worth, Tarrant County, Texas(the "Agreement"); and
WHEREAS, the City granted FWTA the non-exclusive license for its contractors to use the
Property as specified in the Agreement for a construction lay down site, including, but not limited to,
construction staging and storage of materials and equipment as part of the TEX Rail project, now known
as Trinity Metro, and provided for FWTA's contractors to be permitted to clear, grade, fence, and secure
the Property against entry by others and to install and use for fuel storage above-ground fuel-storage tanks
in strict accordance with all applicable laws, rules, regulations, and decrees pertaining to above-ground
fuel storage facilities.
WHEREAS, the term was for 30 months expiring September 30, 2019, with provision for the
Agreement to be renewed for two(2)additional one (1) year terms upon written request;
WHEREAS, the City and FWTA amended and renewed the Agreement for an additional six (6)
months instead of one(1)year, (CSO 48906-R1A1),for a term beginning on October 1,2019 and ending
on March 31, 2020;
WHEREAS,all construction has been completed by FWTA,the Property is no longer needed and
has been restored per the conditions of the Agreement;
WHEREAS, City and FWTA now wish to memorialize (i)the termination of the Agreement so
that each of them and their successors and assigns can be released and forever discharged from further
performance under the Agreement,and(ii)the acknowledgement that the Property has not been damaged
or destroyed and that the City accepts the Property without any requirement for repairs based on the site
visit to the Property on December 6, 2019 that was attended by City staff and FWTA staff and/or
contractors employed by FWTA.
AGREEMENTS
Therefore, in consideration of the mutual covenants and agreements contained in this termination and
other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties
agree as follows:
Termination of License CSO 48906, 1301 E.Northside Drive -�3-_-
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C�ir iniCl�q_nc���I�i
CITY' SECRI
FT.WORM,T7X i
1. Termination of License Agreement. City and FWTA agree that the License Agreement is terminated
as of the Effective Date of this Termination,and that neither party will hereafter have any liabilities,rights,
duties, or obligations as to the other party (or its successors and assigns) under or in connection with the
License Agreement.
2. Release and Settlement of Claims. City and FWTA each are fully and unconditionally released and
discharged by the other from their respective obligations arising from or in connection with the License
Agreement.This Termination will fully and finally settle all demands,charges,claims,accounts,or causes
of action of any kind arising out of or in connection with the License Agreement, and this termination
constitutes a mutual release with respect to all claims arising out of or in connection with the License
Agreement.
4. Parties Bound. This Termination shall be binding upon and inure to the benefit of the parties to this
Termination and their heirs,executives, administrators, legal representatives, successors, and assignees.
5. Texas Law to Apply. This Termination shall be construed under, and in accordance with, the laws
of the State of Texas, and all obligations of the parties created by this Termination are performable in
Tarrant County, Texas.
6. Lep-al Construction. If any of the provisions contained in this Termination shall for any reason be
held to be invalid, illegal, or unenforceable, the invalidity, illegality, or unenforceability shall not affect
any other provision of the Termination, and this Termination shall be construed as if the invalid, illegal,
or unenforceable provision had not been included in the Termination.
7. Amendment. No amendment, modification, or alteration of the terms of this Termination shall be
binding unless it is in writing,dated subsequent to the date of this Termination,and duly executed by the
Landlord and Tenant.
[Signatures appear on following page]
Termination of License CSO 48906, 1301 E.Northside Drive
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In witness whereof,the parties have executed this termination as of the date first written above.
LICENSOR
City of Fort orth
i
By:
Kevin Gunn, Interim Assistant City Manager
Attest: O� F 0&
c
Mary Kayser, C e e * '
Approved as to Form and Legality: {
XAS
By: 411av
Leann Guzman, Senior As istant City Attorney
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
en-„ring Al performance and reporting requirements.
Na e of plo ee
Ti We
LICENSEE
Fort
Wia
�A1uthority(FWTA)By: -Name:
Title: Presi�EO Vf1C'o
Termination of License CSO 48906, 1301 E.Northside Drive
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CITY SECRETARY;
F7.WORTH,YX