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HomeMy WebLinkAboutContract 42607-A1 (4) .,ITY SECRETARNI I CONTRACT NO. FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 42607 MASTER PAYING AGENT/REGISTRAR AGREEMENT This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 42607 — MASTER PAYING AGENT/REGISTRAR AGREEMENT ("First Amendment") is made and entered into by and between the City of Fort Worth, a home- rule municipal corporation of the State of Texas ("City"), acting by and through its duly authorized Assistant City Manager, and BOKF, NA dba Bank of Texas, a national banking association ("Bank"), acting by and through its duly authorized Vice President. WHEREAS, the City is authorized to issue certain debt obligations and desires that such obligations be issued in fully registered form with privileges of transfer and exchange; and WHEREAS, from 2003 through 2011, the City engaged Wells Fargo Bank, N.A. to serve as paying agent and registrar for the City's debt obligations pursuant to a Master Paying Agent/Registrar Agreement, the same being Fort Worth City Secretary Contract No. 29198, as amended; and WHEREAS, although Fort Worth City Secretary Contract No. 29198, as amended, expired by its own terms, Wells Fargo Bank, N.A. continues to serve as paying agent and registrar for certain debt obligations that were issued during the term of that contract; and WHEREAS, in 2011, City engaged the services of Bank to assume the duties of paying agent and registrar for all debt obligations issued on or after October 1, 2011, pursuant to a Master Paying Agent/Registrar Agreement, the same being Fort Worth City Secretary Contract No. 42607 (the "Agreement"); and WHEREAS, the City has determined that it would be more efficient to employ a single entity to serve as paying agent and registrar for City debt obligation ; audOFFICIAL RECORD CITY SECRETARY FT. WORTHS TX First Amendment to Master Paying Agent/Registrar Agreement with BOKF,NA r E C E I V t DIa FPof 8 �tJl 77 3 0 2013 WHEREAS, Bank has agreed to assume the responsibility to provide paying agent and registrar for certain previously issued City debt obligations in accordance with the terms and conditions of the Agreement; and WHEREAS, the parties now wish to amend the Agreement to encompass such previously issued debt obligations. NOW, THEREFORE, City and Bank do hereby covenant and agree as follows: 1. That the definition of "Obligations" in Section 1.01 of Fort Worth City Secretary Contract No. 42607 is hereby deleted in its entirety and replaced with the following: "Obligations" means any obligations authorized and issued by the City on or after October 1, 2011 through September 30, 2014, including but not limited to, Certificates of Obligations, General Obligations, Refunding Obligations, Bonds, Tax Notes, and Equipment Notes. In addition, "Obligations" shall also mean and encompass those specific debt obligations previously issued by the City and identified in Exhibit B, which is attached hereto and incorporated herein for all purposes as though it were set forth at length. 2. That Fort Worth City Secretary Contract No. 42607 is hereby amended to add Exhibit B, "Previously Issued Debt Obligations," a copy of which is attached to this First Amendment. 3. That all other terms and conditions of City Secretary Contract No. 42607 that are not amended herein shall remain in full force and effect throughout the term of the Agreement and any subsequent renewals thereof. 4. That this First Amendment may be executed in one or more counterparts each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Signed signature pages may be transmitted by facsimile or e-mail, and any such signature shall have the same legal effect as an original. First Amendment to Master Paying Agent/Registrar Agreement with BOKF,NA Page 2 of 8 IN WITNESS WHEREOF,the parties hereto have executed this First Amendment on this 30'h day of September, 2013. CITY OF FORT WORTH BOKF, NA dba BANK OF TEXAS t Sus Alanis Jose A. Gaytan, Jr. Assi ant City Manager Vice President Approved as to Form and Legality: 76 V By c Denis C. McElr y Assistant City Alforney No M&C Required F®fA Attest: a� By: V$ , Mary J. Kayse City Secretary �aaaoor,°© OFFICIAL RECORD CITY:ECRETARy FT. WORTH TX First Amendment to Master Paying Agent/Registrar Agreement with BOKF,NA Page 3 of 8 IN WITNESS WHEREOF,the parties hereto have executed this First Amendment on this 30'h day of September,2013. CITY OF FORT WORTH BOKF,NA dba BANK OF TEXA Susan Alanis Jose A. Craytara;J7C: Assistant City Manager Vi lee-Pr'esident Approved as to Form and Legality: By: Denis C.McElroy Assistant City Attorney No M&C Required Attest: By: Mary J. Kayser City Secretary First Amendment to Master Paying Agent/Registrar Agreement with BOKF,NA Page 3 of 8 EXHIBIT B PREVIOUSLY ISSUED DEBT ReportName Title IssueDate Fort Worth,City of(General Gen Purpose Ref Bds Ser Obligation Debt) 2011 08/01/2011 Fort Worth, City of(General Obligation Debt) Tax Notes Ser 2011 06/01/2011 Fort Worth,City of(General Comb Tax& Rev C/O Ser Obligation Debt) 2010A 09/01/2010 Fort Worth,City of(General General Purpose Bds Ser Obligation Debt) 2010 09/01/2010 Fort Worth,City of(General Comb Tax& Rev C/O Ser Obligation Debt) 2010 06/15/2010 Fort Worth,City of(General Comb Tax& Ltd Surplus Rev Obligation Debt) C/O Ser 2009 09/01/2009 Fort Worth, City of(General General Purpose Bds Ser Obligation Debt) 2009 09/01/2009 Comb Tax&Will Rogers Fort Worth,City of(General Memorial Ctr Complex Pkg Obligation Debt) Rev C/O Ser 2009 01/15/2009 Fort Worth,City of(General Comb Tax& Ltd Surplus Rev Obligation Debt) C/O Ser 2008 09/01/2008 Fort Worth,City of(General General Purpose Bds Ser Obligation Debt) 2008 09/01/2008 Fort Worth,City of(General Equipment Tax Notes Ser Obligation Debt) 2008 08/01/2008 First Amendment to Master Paying Agent/Registrar Agreement with BOKF, NA Page 4 of 8 Fort Worth,City of(General Obligation Debt) Gen Purpose Bds Ser 2007A 09/01/2007 Fort Worth,City of(General Comb Tax& Ltd Surplus Rev Obligation Debt) C/O Ser 2007 01/01/2007 Fort Worth,City of(General Comb Tax& Parking Rev C/O Obligation Debt) Ser 2007 01/01/2007 Fort Worth, City of(General Obligation Debt) Gen Purpose Bds Ser 2007 01/01/2007 Fort Worth,City of(General Comb Tax& Rev C/O Ser Obligation Debt) 2005A 07/15/2005 Fort Worth, City of(General Comb Tax& Rev C/O Taxable Obligation Debt) Ser 2005 04/01/2005 Fort Worth,City of(General Gen Purpose Ref Bds Ser Obligation Debt) 2004 10/01/2004 First Amendment to Master Paying Agent/Registrar Agreement with BOKF, NA Page 5 of 8 ReportName Title IssueDate Fort Worth,City of(Drainage Utility System) Dr Util Sys Rev Bds Ser 2009 09/15/2009 Fort Worth, City of(Drainage Utility System) Dr Util Sys Rev Bds Ser 2007 10/15/2007 First Amendment to Master Paying Agent/Registrar Agreement with BOKF, NA Page 6 of 8 RevortName Title IssueDate Fort Worth, City of(Waterworks& W&SS Rev Ref& Imp Bds Ser Sewer System) 2011 08/01/2011 Fort Worth,City of(Waterworks & Sewer System) W&SS Rev Bds Ser 2010C 09/01/2010 Fort Worth, City of(Waterworks& Water&SS Rev Bds Ser Sewer System) 2010E O8/01/2010 Fort Worth, City of(Waterworks& Sewer System) W&SS Rev Bds Series 2010A 05/15/2010 Fort Worth, City of(Waterworks & Sewer System) W&SS Rev Ref Bds Ser 2010 04/15/2010 Fort Worth, City of(Waterworks& Sewer System) W&SS Rev Bds Ser 2009 12/01/2009 Fort Worth,City of(Waterworks & Sewer System) W&SS Rev Ref Bds Ser 2008 05/01/2008 Fort Worth, City of(Waterworks& W&SS Sub Lien Rev Bds Ser Sewer System) 2007A 09/01/2007 Fort Worth,City of(Waterworks& W&SS Sub Lien Rev Bds Ser Sewer System) 2007E 09/01/2007 Fort Worth, City of(Waterworks& Sewer System) W&SS Rev Bds Ser 2007 08/01/2007 Fort Worth,City of(Waterworks& W&SS Sub Lien Rev Bds Ser Sewer System) 2005A 10/15/2005 Fort Worth,City of(Waterworks & W&SS Sub Lien Rev Bds Ser Sewer System) 2005E 10/15/2005 Fort Worth,City of(Waterworks & W&SS Rev Ref Bds Ser Sewer System) 2005A 03/15/2005 Fort Worth,City of(Waterworks& W&SS Subord Lien Rev Bds Sewer System) Ser 2005 02/15/2005 Fort Worth, City of(Waterworks & W&SS Rev Ref& Imp Bds Ser Sewer System) 2005 12/15/2004 First Amendment to Master Paying Agent/Registrar Agreement with BOKF, NA Page 7 of 8 Fort Worth,City of(Waterworks& W&SS Rev Ref Bds Ser Sewer System) 2003A 12/01/2003 Fort Worth, City of(Waterworks& W&SS Rev Ref& Imp Bds Ser Sewer System) 2003 01/01/2003 First Amendment to Master Paying Agent/Registrar Agreement with BOKF, NA Page 8 of 8