FIRST AMENDMENT TO PERMIT AGREEMENT
This First Amendment to Permit Agreement ("Amendment"), dated for reference purposes only as of September 14, 2010, is by and between the COUNTY OF SAN MATEO, a political subdivision of the State of California ("County" or "Permittor"), and NEW CINGULAR WIRELESS PCS. LLC., a Delaware limited liability company ("Permittee").
A. As authorized by San Mateo County Resolution No. 70639, County and Permittee entered into a Permit Agreement dated for reference purposes as of February 20, 2010 (the “Agreement”) for use of a portion of the Half Moon Bay Airport located at 9850 Cabrillo Highway North, Half Moon Bay, California, consisting of outdoor communications equipment and space on County's existing antenna tower (collectively, the "Premises") for the installation, construction, operation, and maintenance of a communications facility.
B. County and Permittee desire to amend the Agreement 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.
1. Use. Section 4 (Use) is hereby amended to authorize the replacement of one of Permittee’s existing radio equipment cabinets, the installation of two (2) Remote Electrical Tilts (“RETs”) below the existing antennae, the installation of four (4) coaxial cables in addition to the five (5) existing cables, between Permittee’s existing equipment cabinets and equipment on the tower, for a total of nine (9) coaxial cables, and the installation of two (2) DTMA amplifiers behind the existing antennae.
All work shall be performed in accordance with Section 3 (Improvements and Installations) and Exhibit E (Airport Construction Requirements) of the Agreement; provided, however, that Permittor shall be deemed to have approved the work described above pursuant to this Amendment.
2. Rent. Any references to the Base Permit Fee of the Agreement notwithstanding; effective September 1, 2010, the Base Permit Fee shall be $3,075.00 per month, which rate shall be subject to annual adjustment in accordance with Section 7C. (Base Permit Fee Adjustment) of the Agreement.
3. Effective Date; Approval. This First Amendment shall become effective (the “Effective Date”) when the County Board of Supervisors adopts a resolution authorizing the execution of this First Amendment, and the First Amendment is duly executed by the County and delivered to Permittee.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AMENDMENT, PERMITTOR 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 FIRST 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 FIRST 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.
1. Counterparts. This First Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
2. No Further Amendments; Conflicts. All the terms and conditions of the Agreement remain in full force and effect except as expressly amended herein. The Agreement as amended by this First Amendment 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. In the event of any conflict between the terms of the Agreement and the terms of this First Amendment, the terms of this First Amendment shall control.
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County and Permittee have executed this First Amendment to Permit Agreement as of the date first written above.
NEW CINGULAR WIRELESS PCS LLC,
a Delaware Limited Liability Company
By: AT&T Mobility Corporation
a political subdivision of the State of California
________________________ Resolution No.:_________________________
Clerk of the Board