HomeMy WebLinkAboutContract 42607-R1 CITY SECRETARY CONTRACT NO
CITY SECRETARY
CONTRACT NO. ,n1
FIRST RENEWAL OF CITY SECRETARY CONTRACT
NO. 42607 MASTER PAYING AGENT/REGISTRAR AGREEMENT
This First Renewal of City Secretary Contract No. 42607 — Master Paying
Agent/Registrar Agreement ("First Renewal") is made and entered into this ( day of
October, 2014, by and between the City of Fort Worth ("City"), a home-rule municipal
corporation of the State of Texas, acting by and through its duly authorized Assistant City
Manager, and BOKF, NA dba Bank of Texas, a national banking association (`Bank"), acting
by and through its duly authorized Vice President.
WITNESSETH:
WHEREAS, the City is authorized to issue certain debt obligations in accordance with
the respective ordinances adopted by the City and, in the case of certain refunding obligations,
the terms of one or more applicable purchase agreements;
WHEREAS, in 2011, City engaged the services of Bank to function as paying agent and
registrar for debt obligations issued on or after October 1, 2011, pursuant to a Master Paying
Agent/Registrar Agreement, the same being Fort Worth City Secretary Contract No. 42607 (the
"Agreement"); and
WHEREAS, in 2013, the parties amended the Agreement to encompass paying agent
and registrar services for certain identified debt obligations that had been issued prior to the
inception of the Agreement, that amendment being Fort Worth City Secretary Contract No.
� 42607-A 1; and
m
m WHEREAS, the Agreement provides for an initial three-year term and two, one-year
renewal options
0
WHEREAS, the initial term expires September 30, 2014; and
ca
WHEREAS, City and Bank wish to exercise the first option and renew and extend the
.� Agreement for an additional one-year period.
NOW THEREFORE, in consideration of the foregoing and the mutual covenants and
agreements contained herein, City and Bank hereby agree as follows:
1. City and Bank mutually agree to renew and extend Fort Worth City Secretary Contract
No. 42607, as amended by Fort Worth City Secretary Contract No. 42607-A1, for a one-
year first renewal period under the same terms and conditions unless otherwise further
amended herein, with such renewal term to begin October 1, 2014, and continue
OFFICIAL RECORD
CITY SECRETARY
First Renewal—Master Paying Agent/Registrar Agreement �'I',WORTH,TX Pagel of 3
thereafter in full force and effect through September 30, 2015 or until all Obligations
have matured and/or have been redeemed, whichever occurs last.
2. That the definition of "Obligations" in Section 1.01 of Fort Worth City Secretary
Contract No. 42607, as amended by Fort Worth City Secretary Contract No. 42607-A1, is
hereby deleted in its entirety and replaced with the following:
"Obligations" means, except as otherwise provided below, any obligations
authorized and issued by the City on or after October 1, 2011 through September
30, 2015, including but not limited to, Certificates of Obligations, General
Obligations, Refunding Obligations, Bonds, Tax Notes, and Equipment Notes. In
addition, "Obligations" shall also mean and encompass those specific debt
obligations previously issued by the City and identified in Exhibit B, which is
attached hereto and incorporated herein for all purposes as though it were set forth
at length. Notwithstanding the generality of the foregoing, the City may, in its
sole discretion, exclude an obligation from this Agreement and make alternate
arrangements for paying agent/registrar services when such exclusion is deemed
to be in the best interests of the City; circumstances giving rise to such an
exclusion may include, but are not limited to, instances in which designation of a
particular entity as paying agent/registrar is required under the negotiated terms of
a private placement transaction. Bank shall not be responsible for providing any
services for an obligation excluded by the City in accordance with the foregoing
sentence.
3. All other terms and conditions of Fort Worth City Secretary Contract No. 42607, as
amended by Fort Worth City Secretary Contract 42607-A1, that are not amended herein
shall remain in full force and effect throughout the first renewal term.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment, this AL)-day of
Soptembcr, 2014
CITY OF FORT WORTH BOKF, NA dba
BANK OF
Susa nis 40se A. Gaytan, Jr.
Assistant City Manager
Approved as to orm and Legality:
By:
Denis C. cElroy
Assistant City Atto y
No M&C Required
First Renewal—Master Paying Agent/Registrar Agreement Page 2 of 3
Attest:
By:
MaIfy J. Kaysey F
City Secretary F01%
'?00'
0
0
0
F4
OFFICIAL RECORD
Cl_ff
CITy SECRETARY
FT W TH IT
First Renewal—Master Paying Agent/Registrar Agreement FT,WORTH'TX age 3 of 3