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HomeMy WebLinkAboutContract 37791 (2)CITY SECRETARY CONTRACT NO 3 AMENDMENT NO. 1 TO CITY SECRETARY CONTRACT NO, 29198 MASTER PAYING AGENT/REGISTRAR AGREEMENT This Amendment to City Secretary Contract ("CSC") No. 29198, Master Paying Agent/Registrar Agreement (this "Amendment") is entered into by and between the City of Fort Worth ("City"), a home -rule municipal corporation organized under the laws of the state of Texas, and Wells Fargo Bank, N.A. ("Bank"), a national banking association organized under the laws of the United States, collectively referred to as the "parties," acting by and through the authorized representative of each party. WHEREAS, on or about October 30, 2003, the parties previously entered into CSC No. 29198 (the "Agreement") a master paying/agent registrar agreement where the Bank provided services with respect to the registration, payment, transfer, exchange and replacement of certain outstanding City general purpose bonds and other financing methods and debt service obligations; and WHEREAS, the initial term of the Agreement which began on October 30, 2003 has expired; and WHEREAS, the parties now wish to extend the term of the Agreement and modify the payment structure for the services provided thereunder. NOW THEREFORE, the parties hereby amend the Agreement as follows: SECTION 1. The term of the Agreement shall be extended to include Bonds issued by the City from October 30, 2008 to October 30, 2010 as provided in Section 2.4 of the Agreement. This extension provides for services related to the City's outstanding general purpose bonds, revenue bonds, certificates of obligation, equipment tax notes and other debt obligations which the City is obligated to pay debt service issued after October 30, 2008, SECTION 2. For payment of the Bank's services rendered in connection with the above obligations, the City agrees to pay the Bank from time to time reasonable compensation for all services rendered by it, which compensation shall be in accordance with the Schedule of Fees attached as Exhibit A, which is made a part hereof for all purposes. The attached Schedule of Fees hereby replaces the previous Exhibit A, Fee Schedule in the original Agreement. SECTION 3. All other terms and conditions of the Agreement not expressly altered, modified, or amended herein shall remain in full force and effect. This Amendment shall not modify any other provisions of the Agreement except for extending the date for providing paying agent/registrar services and specifying the compensation of the Bank. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed, and their respective seals to be hereunto affixed and attested, all as of the last date and year written below. CITY OF FORT WORTH, TEXAS Karen 1. Montgomery Assistant City Manager/CFO Date: Address:1000 Throckmorton Street Fort Worth, Texas 76102 ATTEST: Marty City S APPROVED AS TO FORM: L Maleshia B ��'armer Assistant City Attorney •rt Worth, . Date: q/ii/oar Address: 201 Main Street, 3rd Floor MAC: T5441-030 ATE By: Name: Fort Worth, Texas 76102 PATRICIA ASTON Title: yICE PRESIDENT Gregory M. Hasty Wells Fargo Bank Corporate Trust Services 1445 Ross Avenue, 2nd Floor Dallas, Texas 75202 Tel: (214) 740-1548 Fax: (214)777-4086 EXHIBIT A SCHEDULE OF FEES City of Fort Worth, Texas Master Paying Agent Fee Schedule August 2008 To act as PAYING AGENT &REGISTRAR Acceptance Fee• $0.00 per issue Initial Fees as they relate to Wells Fargo Bank acting in the capacity of Paying Agent/Registrar —includes creation and examination of the Paying Agent/Registrar Agreement; acceptance of the appointment; setting up of Paying Agent/Registrar records and accounting records; and coordination of closing. Acceptance Fee payable at time of Paying Agent/Registrar Agreement execution. Annual Administration Fee: $400.00 per issue For ordinary administration services by Paying Agent/Registrar — includes daily routine account management; investment transactions; cash transaction processing in accordance with the agreement; and mailing of trust account statements to all applicable parties. Float credit received by the bank for receiving funds that remain uninvested are deemed part of the Paying Agent's compensation. The Annual Administration fees are payable in advance, with the first installment due at closing. Out of Pocket Expenses: We only charge for out of pocket expenses in response to specific tasks assigned by the client. Therefore, we cannot anticipate what specific out of pocket items will be needed or what corresponding expenses will be incurred. Possible expenses would be, but are not limited to, express mail and messenger charges, travel expenses to attend closing or other meetings. There are no charges for indirect out of pocket expenses. Submitted by: Gregory M. Hasty -August 1, 2008 Vice President/Business Development Wells Fargo Bank (214) 740-1548 O FFt._ CITY SECRETAM'.: FT. WORTH, 71-�