FOURTH AMENDMENT TO PERMIT AGREEMENT
This Fourth Amendment to Permit Agreement for Permit No. 5185 ("Amendment"), dated for reference purposes only as of January 26, 2010, is by and between the COUNTY OF SAN MATEO, a political subdivision of the State of California ("County" or "Permittor"), and GTE MOBILNET OF CALIFORNIA LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, DBA VERIZON WIRELESS BY CELLCO PARTNERSHIP, ITS GENERAL PARTNER (“Verizon” or "Permittee").
A. As authorized by San Mateo County Resolution No. 55262, County and Permittee entered into a Permit Agreement dated for reference purposes as of July 23, 1991 (the “Agreement”) for use of a portion of the Tower Road Complex located in San Mateo, California, consisting of an equipment building and space on County's water tower (collectively, the "Premises") for the installation, construction, operation, and maintenance of a communications facility.
B. As authorized by San Mateo County Resolution No. 60016, County and Permittee entered into the First Amendment to Permit Agreement dated for reference purposes as of February 13, 1996 (the "First Amendment"), which First Amendment authorized the installation of additional equipment and increased the rent due under the Agreement. As authorized by San Mateo County Resolution No. 63929, County and Permittee entered into the Second Amendment to Permit Agreement dated for reference purposes as of September 12, 2000 (the "Second Amendment"), which Second Amendment authorized the installation of additional equipment, increased the rent due under the Agreement, and extended the term of the Agreement. As authorized by San Mateo County Resolution No. 69707, County and Permittee entered into the Third Amendment to Permit Agreement dated for reference purposes as of August 5, 2008 (the "Third Amendment"), which Third Amendment authorized the relocation of Verizon’s existing equipment and trimming of trees adjacent to the Premises. The Agreement, the First Amendment, the Second Amendment and the Third Amendment are hereinafter collectively referred to as the “Agreement as Amended”.
C. Permittee and County desire to further amend the Agreement as Amended to authorize Permittee to install additional equipment and increase the rent due under the Agreement, otherwise under the terms and conditions set forth in the Agreement as Amended.
1. Use. Section 3A (Use) is hereby amended to authorize the replacement of Permittee’s six (6) existing antennae with six (6) new antennae at the same locations and the installation of six (6) coaxial cables in addition to the six (6) existing cables, between Permittee’s existing equipment shelter and equipment on the water tower, for a total of twelve (12) coaxial cables, in accordance with Exhibit A-3, attached hereto and made a part hereof. The six (6) new antennae and six (6) new coaxial cables are hereinafter collectively referred to as the "LTE Equipment.".
All work shall be performed in accordance with Section 11 (Conditions of Construction) of the Agreement as Amended; provided, however, that County shall be deemed to have approved the work described above pursuant to this Amendment. Additionally, any trench work required to install the additional LTE Equipment authorized by this Amendment shall be completed by hand. No heavy equipment of any kind shall be used in digging the trench.
1. Rent. Any references to the Base Rent of the Agreement as Amended notwithstanding, commencing on the first day of the month following the date Permittee commences installation of the LTE Equipment on the Premises, the Base Rent shall be increased to FOUR THOUSAND FORTY-THREE and 33/100 Dollars ($4,043.33) per month, and shall be subject to annual adjustment in accordance with Section 5B (Base Rent Adjustment) of the Agreement as Amended.
2. Processing Fee. In addition to the Base Rent set forth above, within forty-five (45) days after the full execution of this Amendment, Permittee shall pay to County as an additional charge, a one-time processing fee of ONE THOUSAND FIVE HUNDRED and 00/100 Dollars ($1,500.00) to cover County’s costs associated with the preparation of this Amendment and any technical analysis of the changes authorized by this Amendment to assure complete compatibility of County’s operations at the Premises.
3. Effective Date; Approval. This Fourth Amendment to Permit Agreement shall become effective (the “Effective Date”) when this Fourth Amendment is duly executed by the County and delivered to Permittee.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AMENDMENT, PERMITTEE ACKNOWLEDGES AND AGREES THAT NO OFFICER OR EMPLOYEE OF COUNTY HAS AUTHORITY TO COMMIT COUNTY HERETO UNLESS AND UNTIL THE COUNTY BOARD OF SUPERVISORS HAS ADOPTED A RESOLUTION AUTHORIZING THE EXECUTION OF THIS FOURTH AMENDMENT TO THE AGREEMENT. THEREFORE, ANY OBLIGATIONS OR LIABILITIES OF COUNTY HEREUNDER ARE CONTINGENT UPON ADOPTION OF SUCH A RESOLUTION, AND THIS AMENDMENT SHALL BE NULL AND VOID UNLESS THE BOARD OF SUPERVISORS ADOPTS A RESOLUTION AUTHORIZING THE EXECUTION OF THIS FOURTH AMENDMENT. APPROVAL OF THIS AMENDMENT BY ANY DEPARTMENT, COMMISSION OR AGENCY OF COUNTY SHALL NOT BE DEEMED TO IMPLY THAT SUCH RESOLUTION WILL BE ADOPTED, NOR WILL ANY SUCH APPROVAL CREATE ANY BINDING OBLIGATIONS ON COUNTY.
4. No Further Amendments; Conflicts. All the terms and conditions of the Agreement as Amended by the Fourth Amendment to Permit Agreement shall remain in full force and effect except as expressly amended herein, and together with this Fourth Amendment to Permit Agreement constitutes the entire agreement between County and Permittee and may not be modified except by an instrument in writing duly executed by the parties hereto.
Walter L. Jones, Jr.
AMENDED SITE PLAN
Pages Attached: 6 (pp. T-1; A-1 through A-5)
Prepared By: HMH Design Group
Dated: October 27, 2009