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AMENDMENT NO.2 TO BERGH IV LEASE AGREEMENT
(CITY SECRETARY CONTRACT NO. 18938,AS AMENDED)
BERGH IV LEASE AGREEMENT
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CONTRACT NC
STATE OF TEXAS §
COUNTY OF TARRANT §
This AMENDMENT NO. 2 TO BERGH IV LEASE AGREEMENT (CITY
SECRETARY CONTRACT NO. 18938,AS AMENDED), ("Amendment") is made and entered
into by and between the CITY OF FORT WORTH ("Lessee"), a home rule municipal corporation
situated primarily in Tarrant County, Texas acting by and through Charles Boswell, its duly
authorized Assistant City Manager, and AMERICAN TOWER CORPORATION, INC. ("ATC"), a
Delaware corporation acting by and through Dudley Norman, its duly authorized Vice President of
Operations.
WHEREAS, Lessee and Bergh IV, Inc. ("Lessor") previously entered into City Secretary
Contract("CSC")No. 18938, as amended by CSC No. 21415 (the "Lease"), a lease of real property
for Lessee's use as a communication site for Lessee's public safety simulcast trunked radio system
("Lease Site"); and
WHEREAS, ATC has bought the Lease Site and desires to assume all duties and
obligations of Bergh IV,Inc. as Lessor under the Lease;
NOW,THEREFORE,Lessee and Lessor mutually agree as follows:
1. Lessee hereby attorns to and accepts performance by ATC of any covenant, agreement or
obligation of Lessor under the Lease with the same force and effect as if performed by Lessor. ATC
covenants and agrees that it will honor and perform all duties and obligations of Lessor under the
Lease. ATC further covenants and agrees that all terms and conditions of the Lease are valid and in
full force and effect.
2. ATC hereby covenants and agrees that this Amendment shall not constitute any kind of
waiver by Lessee under the Lease, including, but not limited to, the right of Lessee to hold ATC
responsible for any breach or default by Lessor. As of the execution date of this Amendment,
Lessee is not aware of any breach or default by Lessor.
3. All terms and conditions of the Lease that are not directly in conflict with the terms and
conditions of this Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiples
RECORD
Cm 0
�CRETARY
thiso fiay of/ , 1997.
CITY OF FORT WORTH: AMERICAN TOWER CORPORATION,INC.
By: JA),L, . By:
Assistant City Manager Dudley Norman
Vice President of Operations
ATTEST: ATTEST:
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City Secretary
APPROVED AS TO FORM AND LEGALITY:
By: z�-'��04 w
Assistant City Am y
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2
STATE OF/ §
COUNTY OF §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Dudley Norman, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of
American Tower Corporation, Inc., and that s/he executed the same as the act of American
Tower Corporation, Inc., for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this Z7-ly of � •
1997
:as' ky KATHY A.JAMES
a'eR• F i
;+ MY COMMISSION EXPIRES l�Y
it
July 2,1996
Not Pubfic i d for the State of
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Charles Boswell, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the
City of Fort Worth and that he executed the same as the act of said City of Fort Worth for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �6ay of MAW- ,
1997
i
Y` , ROSLYN H. GREENARD Notary is in and for the Stake of Texas
*f !, Notary Public State of Texas
My Commission
JUNEs Expires
1 1999
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City of Fort Worth, Texas r )
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
02/18/97 **C-15898 04BERGH 1 of 1
SUBJECT AMENDMENT NO. 2 TO CITY SECRETARY CONTRACT NO. 18938, AS PREVIOUSLY
AMENDED BY CITY SECRETARY CONTRACT NO. 21415, CHANGING LESSOR FROM
BERGH IV, INC. TO AMERICAN TOWER CORPORATION, INC.
RECOMMENDATION:
It is recommended that the City Council approve an amendment to the City's Bergh IV Tower
Lease, City Secretary Contract No. 18938, as previously amended by City Secretary Contract
No. 21415. This amendment will change the name of lessor from Bergh IV to American Tower
Corporation, Inc. All other terms and conditions of the lease will remain the same.
DISCUSSION:
The City of Fort Worth currently has a long term lease with Bergh IV for a communication tower
site located in Euless, Texas. This tower was owned by Prime Communication Sites Holdings
("Prime") of Abilene, Texas and Bergh IV managed this tower for Prime. On October 151 1996
American Tower Corporation, Inc. ("ATC") and Prime completed a merger in which ATC assumed
ownership of the Bergh IV Tower. All payments due Bergh IV Tower through the month of
October have been paid. Payments from November, 1996 forward will be made to the new
owners, American Tower Corporation.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that this amendment has no material effect on City funds.
CB:f
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Charles Boswell 8511 APPROVED
Originating Department Head: CITY COUNCIL
Michael DiPaolo 8499 (from) FEB 13 VqT
For Additional Information i�2A,,�
Contact: City'of Fort amt he
Michael DlPaolo 8499
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