HomeMy WebLinkAboutContract 51175-A2 Licensor Site Name/Number: Roanoke TX/89201
Licensor Contract Number: 596258
Licensee Site Name/Number: Roanoke TX/89201
�P�y� SECOND AMENDMENT TO CSC NUMBER
Gc\�S�ce 51175 ROANOKE TX SITE LICENSE CITY SECRETARY
AGREEMENT ���1TI�ACT N0. t51 S -A A
This Second Amendment (the "Second Amendment") to that certain License Agreement
dated November 16, 2017 by and between American Tower Management, LLC and Thirkettle
Corporation, as amended by that certain First Amendment to License Agreement dated July 24,
2018 (the "Agreement"), is made and entered into as of the latter signature date hereof, by and
between American Tower Management, LLC, a Delaware limited liability company (the
"Licensor") and City of Fort Worth, a Texas municipality, successor by assignment to Thirkettle
Corporation (the "Licensee") (collectively, the "Parties").
RECITALS
WHEREAS, Licensor owns a certain communications tower and leases a certain parcel of
land located at 2691 Highway 114, Fort Worth, TX 76177 known to Licensor as the Roanoke 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. 51175;
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 Second Amendment to City Secretary Contract No. 51175, 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
Roanoke TX site was established as February 14, 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.
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Licensor Site Name/Number:Roanoke TX/89201
Licensor Contract Number: 596258
Licensee Site Name/Number: Roanoke TX/89201
IN WITNESS WHEREOF, the Parties hereto have set their hands to this Second
Amendment to that certain License Agreement as of the day and year written below:
LICENSEE: LICENSOR:
City of Fort Worth, a Texas American Tower Management, LLC, a
municipality Delaware limited liability company
By:
Name: Daniel Br®e
Title: -" n nr C c)t1n e
Date: 12— /7 a
By:
Dana Burghdoff
T- Assist/ant City Manager
Date: 31 Z 71/2,07,0
APPR AL RECOMMENDED:
By.
�6 Chr' and
Water Director
Date:
APPROVED A TO FORM AND LEGALITY:
By:
J.B. S ong
Assistant City Attorney II 0 R
ATTEST % 'r '•,°'�
,-A
Mary J.Kayser '
City Secretary
No NSA c, 4
OFFUCUAL ff-c
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FORI Ps IX
Licensor Site Name/Number: Roanoke TX/89201
Licensor Contract Number: 596258
Licensee Site Name/Number: Roanoke TX/89201
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: NMadelA lfarkotP.E.
MyH2O Program Manager
me, H o v O n f a v I ml,,ItoaR
��o fov oo�naA"r e-
DocuSign Envelope ID: B472B5FC-ACBD-4644-9807-BC6E27F3227A
Licensor Site Name/Number: ROANOKE TX/89201
Licensor Contract Number: 596258
Licensee Site Name/Number:N/A/N/A
FIRST AMENDMENT TO LICENSE AGREEMENT
This First Amendment (the "First Amendment") to that certain License
Agreement dated November 16, 2017 by and between American Tower Management,
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 Management, LLC, a Delaware limited liability company (the
"Licensor") and Aqua Metric Sales Company a registered d/b/a of Thirkettle Corporation,
a California corporation (the "Licensee") (collectively, the "Parties").
RECITALS
WHEREAS, Licensor owns a certain communications tower and leases a certain
parcel of land located at 2601 Highway 114, FORT WORTH, TX 76177-2128 more
commonly known to Licensor as the ROANOKE TX tower site (the "Tower Facility");
and
WHEREAS, Licensor and Licensee entered into the Agreement for the use of a
certain portion of the Tower; and
WHEREAS,the Parties desire to modify the terms of the Agreement.
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 in the Agreement, Licensor and
Licensee agree that the Commencement Date of the Agreement shall be February
14, 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.
[SIGNATURES APPEAR ON THE NEXT PAGE]
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DocuSign Envelope ID: B472B5FC-ACBD-4644-9807-BC6E27F3227A
Licensor Site Name/Number: ROANOKE TX/89201
Licensor Contract Number: 596258
Licensee Site Name/Number:N/A/N/A
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:
Aqua Metric Sales Company a American Tower Management, LLC, a
registered d/b/a of Thirkettle Delaware limited liability company
Corporation
Dacu Signed by: DocuSigned by:
By 112EFC390EIDFG416... By:
11FA490C47D3D8450
Name: Name: Margaret o inson
Title: operations Title: Sr Counsel US Tower.
Date: July 19, 2018 Date: July '
2016
r� s 9 f (a col COO R`�[ v lct
cry 890RIt`A
1.)NTR.ACT NO.
ASSIGNMENT OF AGREEMENTS
This Assignment of Agreements(this"Assignment")is entered into as of the date set forth
below between Aqua Metric Sales Company, a registered d/b/a of Thirkettle Corporation, a
California corporation ("Assignor"), and the City of Fort 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 141",
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 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. Assi nee'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,
e�cej_rants and conditions in connection with the Agreements required to be performed thereunder,
_n after the effective date hereof, but not prior thereto.
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4. Assignor's Indemniry. 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 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 FO WORT/ O AQUA T C S C +NIP
By: By:
Jesus J. Chapa Name: Michael Cartwright
Assistant City�ana er Title: Vice Pres dent f Operations
Date: Date:
Contract Compliance Manager
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuri =ing requirements.
Name:Mach el e" L2 R��►1 lco
Title: Sep % P(o FcsS ► 0notil 1;n5ineer
APPR D AS FORM AND LEGALITY:
Jessie angsvan
Senior ssistant City Attorney E �Mr'
Form 1295: N/A
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