HomeMy WebLinkAboutContract 51171-A1 t Licensor Site Name/Number: Basswood II/374912
Licensor Contract Number: 571118
RECEIVED Licensee Site Name/Number:Basswood II/374912
MAR 2 7 2020
CITY OF FORT WORTH FIRST AMENDMENT TO CSC NUMBER 51171 CITY SECRETARY
CITYSECRETARY BASSWOOD II SITE LICENSE AGREEMENT GONTRACTNO.
This First Amendment (the "First Amendment") to that certain License Agreement dated
September 19, 2017 by and between GTP Acquisition Partners Il, LLC and Aqua Metric Sales
Company a registered d/b/a of Thirkettle Corporation(the"Agreement"), is made and entered into
as of the latter signature date hereof, by and between GTP Acquisition Partners II, LLC, a
Delaware limited liability company(the"Licensor")and City of Fort Worth,a Texas municipality,
successor by assignment to Aqua Metric Sales Company, a registered d/b/a of Thirkettle
Corporation (the"Licensee") (collectively, the"Parties").
RECITALS
WHEREAS, Licensor owns a certain communications tower and leases a certain parcel of
land located at 7429 North Beach St., Fort Worth, TX 76137 known to Licensor as the Basswood
11 tower site (the "Tower Facility");and
WHEREAS,the Agreement was assigned to the City of Fort Worth as the current Licensee
and is known as City Secretary Contract No. 51171;and
WHEREAS, Licensor and Licensee entered into the Agreement for the use of a certain
portion of the Tower Facility; and
WHEREAS,the Parties desire to modify the terms of the Agreement to change the Monthly
License Fee to be payable on an annual basis.
NOW THEREFORE, in consideration of the foregoing promises and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties
hereto agree as follows:
1) Notwithstanding anything to the contrary contained in the Agreement, effective upon the
full execution of this First Amendment to City Secretary Contract No. 51171,Licensee will
pay the twelve Monthly License Fee payments, in a single payment,payable in advance of
each anniversary of the Commencement Date of the Agreement beginning on the first
anniversary of the Commencement Date of the Agreement. The Monthly License Fee
payments owed from the effective date of this First Amendment through the anniversary
date of the Commencement Date of the Agreement will be paid within 60 days of the
effective date of this First Amendment. The Commencement Date for the Basswood II site
was established as September 19,2017.
2) Capitalized terms contained herein,unless otherwise defined,are intended to have the same
meaning and effect as that set forth in the Agreement.
3) All other terms and provisions of the Agreement remain in full force and effect.
Fr. Wow Pj,
1
Licensor Site Name/Number:Basswood II/374912
Licensor Contract Number: 571118
Licensee Site Name/Number: Basswood II/374912
IN WITNESS WHEREOF, the Parties hereto have set their hands to this First
Amendment to that certain License Agreement as of the day and year written below:
LICENSEE: LICENSOR:
City of Fort Worth, a Texas GTP Acquisition Partners II, LLC, a
municipality Delaware limited liability company
By: J �l
Name: Daniel Dr®e
Title: Senior C(:)i incnn
Date: l_W W"d 2/(Q /LO/ 4
By:
Dana Burghdoff P to
hq Assistant City Manager
Date: .�2-�Zd20
APPROV L RECOMMENDED:
By:
hris der
Water irector
Date: 31Lau I ou
APPRO By: TO FORM AND LEGALITY:
John rong
Assistant City A orney II
fiG Pe
0.
ATTEST:
1 i' � •• d
Mary J.K yser ;,
t
City Secretary
a
No PAb
re viv- �.
OFFICIAL.RECORD
CITY SECRETARY
FT WORTH,TM
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Licensor Site Name/Number: Basswood II/374912
Licensor Contract Number: 571118
Licensee Site Name/Number: Basswood 11/374912
Contract Authorization:
M&C: NA
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.
By:
Madelene Rafalko,P.E.
MyH2O Program Manager
R
COAL RECORD SECRETARYWORTH, TX
3
Assigned Contract
75A1
ASSIGNIMEi 1T 0-17 AGREEMENTS
This Assignment ofAgrvements(this "Assignment")is entered into as of the date set folih
below bety/een Aqua -Rletric Sales Company, a registered d/b/a of Thirkettle Corporation, a
California corporatism ("Assignor"), and the City of Fort Worth ("Assignee") (Assignor and
Assignee area sometimes refeixed to herein individually as a "Paity" and collectively as the
"Parties").
RECITALS:
A. Assignor, as "Consultant" or "Contractor", and Assignee, as "City" or "Client",
entered into that certain Professional Services Agreement (the "PSA') on or about October 14tn,
2016,
B. Assignor has entered into one or more agreements with third parties in connection
with its performance of the services set forth in the PSA (the "Agreements", as more specifically
set forth on Exhibit"A", attached hereto and incorporated herein).
C. Concurrently with the execution of this Assignment, Assignor has conveyed the
Agreements to Assignee, and in connection with such conveyance,Assignor has agreed to assign
the Agreements to Assignee.
NOW, THEREFORE, in consideration of the premises and other good and valuable
consideration in hand paid by Assignee to Assignor,the receipt and sufficiency of which are hereby
acknowledged and confessed by Assignor,Assignor and Assignee hereby agree as follows;
1. Assignor's Assignment. Assignor does hereby ASSIGN, TRANSFER, SET
OVER and DELIVER the Agreements to Assignee, its successors and assigns; TO HAVE AND
TO FOLD the Agreement attached hereto, together with all and singular the rights and
Appurtenances thereto in anywise belonging, unto Assignee, its successors and assigns forever;
and Assignor does hereby bind itself,its successors and assigns forever, so that neither Assignor,
nor Assignor's successors or assigns, shall at any time hereafter have, claim or demand any right
or title to the Agreements, or any pant thereof,
2. Further Assurances. Assignor hereby agrees to perform, execute and/or deliver
or cause to be performed, executed and/or delivered any and all such further acts and assurances
as Assignee may reasonably require to perfect Assignee's interest in the Agreements.
3. _Assignee's Duty. It is specifically agreed that Assignor shall not be responsible
for the discharge and performance of any duties or obligations to be performed and/or discharged
in connection with the Agreements after the effective date hereof. By acceptance of this
Assignment and by execution hereof, Assignee accepts and agrees to perform all of the terms,
Tenants and conditions in connection with the Agreements required to be performed thereunder,
..• �: d after the effective date hereof, but not prior thereto.
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4. Assignor's Inclem—ni A y. It is Ruther agreed that Assignee shall not be responsible
for the discharge and performance of any duties or obligations required to be performed and/or
discharged in connection 1,vith the. Agreements prior to the effective date hereof hi such regard
Assignor agrees to indemnify and hold harmless Assignee, inclusive of attorneys' fees and court
costs, from and against losses incurred by Assignee as a result of claims brought against Assignee,
as Assignor's successor in interest to the Agreements,relating to causes of action arising from any
failure by Assignor to perform or discharge the obligations of the landlord under the Agreements
prior to the effective date hereof.
5. Bludine Agreement. This Assignment is binding upon and shall inure to the
benefit of the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, Assignor and Assignee have caused this Assignment to
become effective the I"day of September 2018.
ASSIGNEE: ASSIGNOR:
CITY OFI-ORT WO�T AQUA MET IC SAL C MPA Y
By: A By:
Jesus J. Chapa Name: Michael Cartwright
Assistant CittvManager /� Title: Vice Pre ident of Operations
Date: Date:�� f �$�� 18
—�
Contract Compliance Manager
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuri all perfo nce and reporting requirements.
Name: Mcjcj21eiie Rot�*'ilko
Title: den i o.� Pro�SSia,),�Ij i�c e r
APPRkVEDAS'�)O FORM AND LEGALITY:
Jessic
Senior Assistant City Attorney
Form 1295: N/A O .....OFt?�
ATTEST D BY: _ Al
Mary Kayser '
City Secretary ••
M&C 4 N/A � '