The URL can be used to link to this page

Home My WebLink AboutContract 19032-A4 CITY SECRETARY �, f CONTRACT NO. FOURTH AMENDMENT TO CITY SECRETARY CONTRACT NO. 19032 ROOFTOP SPACE LICENSE THIS FOURTH AMENDMENT TO ROOFTOP SPACE LICENSE (this "Fourth Amendment") is entered into effective as of the date of execution ("Effective Date"), by and between the City of Fort Worth ("Licensee"), a Texas municipal corporation, and Behringer Harvard Burnett Plaza LP, a Texas Limited Partnership, ("Licensor"). RECITALS A. Burnett Plaza Associates, a Texas joint venture ("Original Licensor") and Licensee entered into that certain Rooftop Space License (City Secretary Contract No. 19032) for Antenna and Radio Communication Equipment dated March 31, 1992, as amended by First Amendment ("First Amendment") to Rooftop Space License dated September 17, 2002; Second Amendment ("Second Amendment") to Rooftop Space License, dated November 1, 2006; and Third Amendment ("Third Amendment") to Rooftop Space License, dated May 23, 2011, collectively, the "License," for use of the Equipment Space (as defined therein) on the rooftop of the building known as Burnett Plaza and located at 801 Cherry Street, Fort Worth, Texas (the"Building"). B. All of Original Licensor's right, title and interest in the License have been assigned to Licensor. C. Licensor and Licensee desire to extend the Term of the License, modify the Base License Fee, and otherwise amend the License as set forth in this Fourth Amendment. Accordingly, for good and valuable consideration which the parties acknowledge receiving, Licensor and Licensee agree as follows: AGREEMENT 1. Recitals. The above Recitals are incorporated into this Fourth Amendment. 2. Application of License Terms. Capitalized terms used in this Fourth Amendment and not defined herein shall have the meanings ascribed to them in the License. 3. Extension of Term. The term is extended from the period beginning on October 1, 2012 through the period ending on March 1, 2013, unless sooner terminated or extended by written agreement of the parties. OFFICIAL RECORD Fourth Amendment to CSC 19032 CITY SECRETARY Rooftop License Burnet Plaza Page 1 of 3 FT. WORTH, TX 11 -21 -12 P 0 4 :2 3 1N 4. Base License Fee Upon Extension of Term. The term of the License is effective from the period beginning October 1, 2012 through the period ending March 1, 2013, unless sooner terminated or extended by written agreement of the parties (the "Extension Term"). Starting on October 1, 2012, the Base License Fee of $18,620.19 shall be increased by two percent (2%) in accordance with the Exhibit A, which is attached hereto and made a part of this Amendment. From October 1, 2012 through the Extension Term, License shall continue to pay Utility Costs. Licensee shall pay all Base License Fees and Utility Costs at the times and place, and in the manner, provided in the License. 5. Counterpart Execution. This Fourth Amendment may be executed in multiple counterparts, each of which shall be fully effective as an original, which together shall constitute only one (1) instrument. 6. Miscellaneous. Unless amended herein, all other provisions of the License shall continue in full force and effect and are in all respects ratified and confirmed hereby, provided, however, that nothing in this Fourth Amendment shall be deemed a waiver or release of any unperformed obligations of Licensee or Licensor under the License. Executed to be effective as of the last date signed by the parties below. [Signature Page Follows] Fourth Amendment to CSC 19032 Rooftop License Burnet Plaza Page 2 of 3 CITY OF FORT WORTH: BEHRINGER HARVARD BURNETT PLAZA LP: a Texas Limited Partnership Bye By: usan Alanis Behringer Harvard Burnett Plaza GP, LLC Assistant City Manager a Delaware Limited Liability Company, its General Partner Date: I I c7 a—I I By: Name: &7 Title: ATTEST: aA5 Fonr 00k- 0Q�$ te: By: o.+l d Mary .K r PCOOasp, City Sea tary Q coo° *ooddli ECT;� 00000a° 4e _ �a�nA'I1�,1Y�04�ap i APPROVED AS TO FORM AND By, LEGALITY: Name -� Title: 1 r C f 4f 10(. 6a"�4 e6l.,r','l Male shia B,Fanner Senior Assistant City Attorney Contract Authorization: M&C: (-"—L,�E5C lD Date Approved: l Fourth Amendment to CSC 19032 OFFICIAL RECORD Rooftop License Bumet Plaza CITY SECRETARY Page 3 of 3 FT.WORTH,TX f M&C Review A - • * • • Cif c+uncil Agenda��3 t}RT�$ FORT COUNCIL ACTION: Approved on 111112f2012 DATE: 11/12/2012 REFERENCE NO.: **C-25960 LOG NAME: 04BEHRINGER HARVARD BURNETT PLAZA CODE: C TYPE: CONSENTPUBLIC HEARING: NO SUBJECT: Authorize Execution of Amendment No.4 to City Secretary Contract No. 19032 with Behringer Harvard Burnett Plaza, LP, in the Amount of$122,221.14 to Extend the Term of the License Agreement for Rooftop Antenna and Floor Space on Burnett Plaza(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of Amendment No.4 to City Secretary Contract No. 19032 with Behringer Harvard Burnett Plaza, LP, in the amount of$122,221.14 to extend the term of the license Agreement for rooftop antenna and floor space on Burnett Plaza. DISCUSSION: On January 14, 1992,(M&C C-13208)the City Council authorized the City Manager to execute a five year License Agreement (License)with Burnett Plaza Associates for floor space and antenna requirements for the City of Fort Worth's(City)Trunked Radio Systems. On November 4, 1997,(M&C G-12047)the previous Mayor and Council Comunication was amended to change the initial term to a term of 10 years with the right to renew for two consecutive terms of five years each. The License was subsequently assigned to Behringer Harvard Burnett Plaza, LP(Burnett Plaza).The License has expired but provides for a month to month option at an increased rate. This fourth amendment will be effective on October 1,2012 and will extend the term of the License for an additional six months at the current rate while a new license Agreement with Burnett Plaza is being negotiated. Negotiations for a new license have taken longer than anticipated. However,Staff believes the prolonged negotiations will result in improved contract terms yielding cost savings to the City. Because this site is the prime site for the City's Trunked Radio System for the provisions of radio coverage to public safety and local government users of the City and client partners, Staff recommends a continuation of the arrangement with Burnett Plaza as provided in the License. Rent and utility costs are estimated to be in the amount of$122,221.14 for six months. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget,as appropriated,of the Information Systems Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P168 539120 0046020 $122,221.14 Submitted for City Manager's Office by: Susan Alanis(8180) Originating Department Head: Peter Anderson(8781) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17677&councildate=11/12/2012(1 of 2)[11/13/2012 10:17:00 AM] M&C Review Additional Information Contact: Steve Streiffert(2221) Alan Girton (8484) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17677&councildate=11/12/2012(2 of 2)[11/13/2012 10:17:00 AM]