RESOLUTION NO. _____________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

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RESOLUTION AUTHORIZING AND DIRECTING THE BOARD PRESIDENT TO EXECUTE A FIRST AMENDMENT TO LEASE AGREEMENT WITH KIEWIT PACIFIC CO., EXTENDING THE TERM BY FOUR MONTHS TO APRIL 15, 2009, INCREASING THE AREA OF THE PREMISES FROM 18,000 TO 41,000 SQUARE FEET OF UNIMPROVED LAND AT THE HALF MOON BAY AIRPORT WITH A CORRESPONDING INCREASE IN RENT FROM $4,500 TO $10,250.00 PER MONTH, AND SETTING FORTH A PROCESS TO AUTHORIZE ADDITIONAL INCREASES TO THE AREA OF THE PREMISES; AND AUTHORIZING THE COUNTY MANAGER OR HIS DESIGNEE TO EXECUTE NOTICES, OPTIONS AND DOCUMENTS ASSOCIATED WITH THE FIRST AMENDMENT AND LEASE INCLUDING, BUT NOT LIMITED TO, FURTHER EXPANSION OF THE PREMISES, EXTENSION OF THE TERM OR TERMINATION OF THE AGREEMENT UNDER THE TERMS SET FORTH THEREIN.

(LEASE NO. 5325)

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, County is owner of the airport in the County of San Mateo known as the Half Moon Bay Airport, a general purpose airport owned and maintained by County for the use and benefit of the public and for servicing the needs of aviation; and

WHEREAS, on April 22, 2008, the County and Kiewit entered into a Lease Agreement for the lease of 18,000 square feet of unimproved land at the Half Moon Bay Airport, at an initial monthly rent of $4,500 for the purpose of storing, assembling and staging materials related to the Devil’s Slide Tunnel Construction Project; and

WHEREAS, the parties wish to amend the Lease to extend the Term of the Agreement, increase the area of the Premises with a corresponding increase in rent, and set forth a process to authorize additional increases to the area of the Premises; and

WHEREAS, Government Code Section 25536 authorizes a county to enter into Lease Agreements for such services by a four-fifths (4/5) vote of its Board of Supervisors; and

WHEREAS, there has been presented to this Board of Supervisors for its consideration and acceptance a First Amendment to Lease Agreement, reference to which is hereby made for further particulars, which extends the Term by four months to April 15, 2009, increases the size of the Premises to 41,000 square feet and correspondingly increases the monthly rent to $10,250, and establishes a process to allow additional increases to the area of the Premises as needs arise, in accordance with the terms and conditions contained in said Agreement, and

WHEREAS, this Board has examined and approved such First Amendment to Lease Agreement as to both form and content and desires to enter into same.

NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the President of this Board of Supervisors be, and is hereby, authorized and directed to execute said First Amendment to Lease Agreement for and on behalf of the County of San Mateo, and the Clerk of this Board shall attest the President’s signature thereto; and

IT IS FURTHER DETERMINED AND ORDERED that the County Manager or his designee is hereby authorized to accept or execute on behalf of the County, any and all written notices, options and documents associated with the Lease including, but not limited to, expansion of the Premises with corresponding adjustments of rent, extension of the term and termination of the Agreement under the terms set forth therein.

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