HomeMy WebLinkAboutContract 51172-A1 U Licensor Site Name/Number: Crestwood/374732
RECEIVED Licensor Contract Number: 596189
Licensee Site Name/Number: Crestwood/374732
MAR 2 7 2020
CITY OF FOR TWORTH FIRST AMENDMENT TO CSC NUMBER 51172 CITYSE(CRETARY
CITYSECRETARY CRESTWOOD SITE LICENSE AGREEMENT CONTRACT NO. 5117a:AI
This First Amendment (the "First Amendment") to that certain License Agreement dated
November 8, 2017 by and between GTP Infrastructure I, 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 Infrastructure 1, 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 2736 White Settlement Road, Fort Worth, TX 76107 known to Licensor as the
Crestwood, TX tower site (the "Tower Facility");and
WHEREAS, the Agreement, as amended, was assigned to the City of Fort Worth as the
current Licensee and is known as City Secretary Contract No. 51172; 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. 51172, 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. 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 Crestwood site
was established as November 8,2017.
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.
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C01Y SECRETARY
1
Licensor Site Name/Number:Crestwood/374732
Licensor Contract Number: 596189
Licensee Site Name/Number: Crestwood/374732
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 Infrastructure 1, LLC, a Delaware
municipality limited liability company
By: _ /
Name: Daniel Rro
Title: enisr GOB^e!
Date:
By:
Dana Burghdoff
Assistant City�020
Manager
Date: 31zij
APPROV L RECOMMENDED:
By:
kris
Water i to
(,/,
Date: P4�0
APPROVED AS TO FORM AND LEGALITY:
By:
J.B. S ong
Assistant City Attorney 11
ATTES
By:
Mary J. Kayser
City Secretary
No NA 4 9,1:1 to (Q-J
OFFUACL RECORD
CITY SECRETARY
FT. WORTH,YX
2
Licensor Site Name/Number: Crestwood/374732
Licensor Contract Number: 596189
Licensee Site Name/Number: Crestwood/374732
Contract Authorization:
NA N 0 M 4 C, �
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: *Madel R fa ko, P.E.
MyH20 Program Manager
t.iI- i SEr---k TARP
3
Assigned Contract
(CITY SECRET-�`1
COMTi RAM.18 I
ASSIT'Q1T1YjEF14T ,OF AEG ! EME1,,lTS
This Assignment of Agreements(this"Assig�m�-nent")is entered into as of the date set forth
below between Aqua Metric Sales Company, a registered d/b/a of Thirlfettle Corporation, a
California corporation ("Assignor"), and the City of Foil �A/orth ("Assignee") (Assignor and
Assignee are sometimes referred to herein individually as a "Party" and collcetively 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 10,
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 HOLD 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 hereafter have, claim or demand any right
or title to the Agreements, or any part 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 eormection 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,
f: nants and conditions in connection with the Agreements required to be performed thereunder,
k, after the effective date hereof, but not prior thereto.
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4. Assignor's Indemniky. It is further 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 with the Agreements prior to the effective date hereof. In 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. Binding AUeement. This Assignment is binding upon and shall inure to the
benefit of the parties hereto and their respective successors and assigns.
IN WITNESS )THEREOF, Assignor and Assignee have caused this Assignment to
become effective the ISM day of September 2014.
ASSIGNEE: ASSIGNOR:
CITY OF T W . S
By:B ES O GIP
Jesus J. Chapa Name: Michael Cartwright 01
Assistant City na e Title: Vice PW'ddetfig p erations
Date: ' Date:
Contract Compliance Manager
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ens'King all per Prance and reporting requirements.
Name: Nlucl e-I rat
Title: den i CL1 fro (f SS ton".l �hS�nee.r'
APPRO=AND LEGALITY:
Jessica S an yang
Senior As t City Attorney T
Form 1295: N/A /, &F. "
AT TED BY-
se
City Secretary
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