SIXTH AMENDMENT TO AGREEMENT BETWEEN
CITY OF FULLERTON, CALIFORNIA
AND
PUBLIC TRUST ADVISORS, LLC
THIS SIXTH AMENDMENT (“Sixth Amendment”) is effective as of the 1st day of January 2024, by and between Public Trust Advisors, LLC, a Colorado limited liability company (hereinafter “Investment Manager”) and the City of Fullerton, California (hereinafter “Client”).
RECITALS
WHEREAS, Client and Investment Manager entered into an agreement dated the 8th day of December 2014, for certain Services (the “Original Agreement”); WHEREAS, the First Amendment to the Original Agreement exercised an option to renew the term in Section 7.(a), Term and Termination, and amended Section 5.(a), Management Fees and Expenses;
WHEREAS, the Second Amendment to the Original Agreement amended Section 7.(a) to extend the term to December 31, 2020, with one (1) optional one-year renewal, at the Client’s discretion, that would extend terms of the Original Agreement to December 31, 2021; WHEREAS, the Third Amendment exercised the option to extend the term of the Original Agreement to December 31, 2021; and
WHEREAS, the Fourth Amendment exercised the option to extend the term of the Original Agreement to December 31, 2022;
WHEREAS, the Fifth Amendment exercised the option to extend the term of the Original Agreement to December 31, 2023, and
WHEREAS, the parties desire to extend the term of Original Agreement on the same terms and conditions set forth in the Original Agreement as stated below.
SIXTH AMENDMENT
NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows:
1. In accordance with the terms as outlined in the Original Agreement, as amended by the First through Fifth Amendments, the City exercises the optional renewal and elects to extend the term of the Original Agreement by two (2) years to December 31, 2025.
2. Capitalized terms in this Sixth Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Sixth Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Sixth Amendment shall govern and control the rights and obligations of the parties.
Fullerton Amendment 21/2023
3. Except as expressly altered, modified and changed in this Sixth Amendment, all terms and provisions of the Original Agreement, as amended by the First Amendment, Second Amendment, Third Amendment, Fourth Amendment, and Fifth Amendment shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof.
4. This Sixth Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Sixth Amendment to the Original Agreement as of the date first written above.
CITY OF FULLERTON, CALIFORNIA
By: ____________________________
Print Name: _Eric J. Levitt___________
Title: __ City Manager_________
Date: ____________________________
Attest:
By: _________________________________
PUBLIC TRUST ADVISORS, LLC
By: ___________________________
Print Name: John F. Grady
Title: Managing Director
Date: November 11, 2023
APPROVED AS TO FORM:
By: _________________________________
Richard D. Jones, City Attorney