HomeMy WebLinkAboutContract 51184-A1 Licensor Site Name/Number: SANSOM PARK TX/281266
RECEIVED Licensor Contract Number: 605376
LIAR 2 7 2020 Licensee Site Name/Number: SANSOM PARK TX/281266
CITY CITYSE RETARyRT H FIRST AMENDMENT TO CSC NUMBER 51184 SECRETARY
CITY SECRETARY GeT3f�E„R;�IARY .
SAMSON PARK TX LICENSE AGREEMENT CONTRACT NO.
This First Amendment (the "First Amendment") to that certain License Agreement dated
October 15, 2017 by and between American Towers 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 Towers 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 5806 Jacksboro Hwy, Fort Worth, TX 76114 known to Licensor as the SANSOM
PARK 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. 51184; 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. 51184,Licensee will
pay the twelve Monthly License Fee payments for 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 Samson
Park site was established as October 15,2017.
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 frill force and effect.
�t *1-ORTH,YX
1
Licensor Site Name/Number: SANSOM PARK TX/281266
Licensor Contract Number: 605376
Licensee Site Name/Number: SANSOM PARK M281266
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 Towers LLC, a Delaware limited
municipality liability company
Name: L anlei brou
Title: Senior Counsei
Date: 2-119� 2-01�1
By:
Dana Burghdoff
Assistant City
Manager
Date: 3 1?'J LZ'0W
APPRO A RECOMMENDED:
By:
kris jr
Water erector
Date: � "
APPROVED AS TO FORM AND
LEGALITY:
By:
John . Strong
Assistant City Attorney III
ATTEST: C�
By: r� ,
/
Mary J.Kayser
City Secretaryy=
Contract Authorization:
(�j CIA
Fn 1�;1 as �'�c�� _,p
h
t{ Zf:SECa(C 1:11C,�'�17
2
Licensor Site Name/Number: SANSOM PARK TX/281266
Licensor Contract Number: 605376
Licensee Site Name/Number: SANSOM PARK TX/281266
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:_ adel ne Ra alko, P.E.
MyH2O Program Manager
kr
CPTIp SECRETARY
FT. OR�i H] 'x
z
A s s 0 J n eC`J Cc o n`�ve'a, d
Col i` RACT MIO. . ._
ASSIG iy NT'OF A-GREEME1 iTS
This Assignment of Agreements (ibis"Assignrment")is en'teryd into as of the date set forth
belovi bdvveen Aqua Rietric Sales Company, a registcred d/b/a of Thirkettle Corporation, a
California corporation ("Assignor"), and the City of Foil Worth ("Assignee") (Assignor and
Assignee are 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 thud 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 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
Assignment and by execution hereof,Assignee accepts and agrees to perform all of the terms,
a1. ats and conditions in connection with the Agreements required to be performed thereon er,
fro a after the effective date hereof, but not prior thereto.
<:
4. AsAQn fs In�lemnit'r. It is Airther 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,Porn 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. IBindn Agreement. This Assignment is binding upon and shall inure to the
benefit of the parties hereto and their respective successors and assigns.
11N WITNESS 'WHEREOF, Assignor and Assignee have caused this Assignment to
become effective the I"day of September 2018.
ASSIGNEE: ASSIGNOR:
CITY QE_PRT WORTH AQU MET C PZ
MP
By: •--- By.
Jesus J. Chapa Name: Michael Cartwright
Assistant City er Title: Vice Pre idej of Operations
Date: �: '/s Date:
Contract Compliance Manager
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract,including
ens all perforpTace and reporting requirements.
ymk
Name: l Aad e I C n
Title: S-en) c.-C Sd �z SS 1 � t I �1��0e 7 f
APPRO AS TO RM AND LEGALITY:
Jessica Sa svang
Senior sis ant City Attorney O� ��ni T
Form 1295: N/A j2
AT D '
�J
ar Kay er
City Secre XAS
M&C#N/A