HomeMy WebLinkAboutContract 51173-A1 Licensor Site Name/Number: I35 W-Everyman Pkwy/309571
RECEIVED Licensor Contract Number: 666919
LIAR 2 7 2020 Licensee Site Name/Number: I35 W-Everyman Pkwy/309571
CITY OF FORT WORTH FIRST AMENDMENT TO CSC NUMBER 51173 CITY SECRETAff ,
CITYSECREfARY I35 W— EVERYMAN PKWY LICENSE AGREEMENT, �,ITRPCT Np : 1 0 3—A-
This First Amendment (the "First Amendment") to that certain License Agreement dated
January 9, 2018 by and between American Tower Asset Sub II, 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 American Tower Asset Sub 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 9725 South Freeway, Fort Worth, TX 76140 known to Licensor as the I35 W-
Everyman Parkway, Texas 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. 51173; 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
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. 51173,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 I35-Everyman
Parkway site was established as January 9,2018.
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.
i
OFF11CIAL RECUU�0%,
CITY SECRETARY 1
FT. WORTH, 71,
1
Licensor Site Name/Number: I35 W- Everyman Pkwy/309571
Licensor Contract Number: 666919
Licensee Site Name/Number: I35 W-Everyman Pkwy/309571
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 American Tower Asset Sub II, LLC, a
municipality Delaware limited liability company
By:
Name: Daniel Broe
Title: r
Date: 1 Z- 1 ci Zo (I
By:
Dana Burghdoff
4ata&kzi Assistant City Manager
Date: 3I1 Z7 �Dw
APPROVAL RECOMMENDED:
By:
hrisj�Mv/
Water Director
Date: p�
APPROVED AS TO FORM AND LEGALITY:
00,
By:
John . Strong
Assistant City Attorney II
ATTES '
B
Mary J. Kay J..
ser �� c f ���.,o.
City Secretary
i
i
Licensor Site Name/Number: I35 W-Everyman Pkwy/309571
Licensor Contract Number: 666919
Licensee Site Name/Number: 135 W-Everyman Pkwy/309571
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: Made tee RaI o,P.E.
MyH2O Program Manager
FEe �MORAVF3paflX
COTY SECRETARY
3
Assigned Contract
ASSIGNMENT OF AGREEMENTS
This Assignment of Agreements(this"tlssignment")is entered into as of the date set forth
belov/ between Aqua Metric Sales Company, a registered d/b/a of Thirkettle Corporation, a
California corporation ("Assignor"), and the City of Fort 'Yorth ("Assignee") (Assignor and
Assignee arc sometimes referred to herein individually as a "Party" 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 14"',
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:
I. Assignor's Assignment. Assignor does hereby ASSIGN, TRANSFER, SET
OVLR 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 time 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 connection with the Agreements after the effective date hereof. By acceptance of this
signment and by execution hereof, Assignee accepts and agrees to perform all of the terms,
==covenants and conditions in connection with the Agreements required to be performed thereunder,
from nd after the effective date hereof, but not prior thereto.
FCCCf�L
f ,
', clwoFrnrr �-�
C177 34CRZTAR-1
f r"7','IfJORTM,TX
I
a. Assignor's Its-demalty. 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. iBindinu 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 OF FORT WORT�I AQUA METR C SS OMPANY
By: ��--� � By: ��> U)^t c
Jesus J.Chapa Name:Michael Cartwright
Assistant Ci Manager Title:Vice Prgside�jt of Operations
Date: 'l Date: c�/ �/ I g
Contract Compliance Manager
By signing,I acknowledge that I am the person responsible
for the monitoring and administration of this contract,including
ensuring all perfo, ance and reporting requirements.
ryL Lo
Name: Mckcl tf .n
Title:
APPRO-D AS T -FORM AND LEGALITY:
Jessica Say svang I
Senior Asstant City Attorney
Form 1295`N/A �('................� O
AT D4
s �
r ays
City Secretary
M&C#N/A 07F1CIAL RT=
CITY 33-G�RZTAM
7r7:It'jmR'ij'lid