RESOLUTION NO. _____________

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

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RESOLUTION AUTHORIZING THE: 1) PRESIDENT OF THE BOARD OF SUPERVISORS TO EXECUTE A FIRST AMENDMENT TO PERMIT AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC, FOR THE OPERATION OF A WIRELESS COMMUNICATION FACILITY AT THE HALF MOON BAY AIRPORT, INCLUDING THE REPLACEMENT OF EXISTING EQUIPMENT, INSTALLATION OF NEW EQUIPMENT, AND INCREASING THE MONTHLY BASE PERMIT FEE FROM $2,775.00 TO $3,075.00; AND 2) COUNTY MANAGER OR HIS DESIGNEE TO ACCEPT OR EXECUTE NOTICES, OPTIONS AND DOCUMENTS ASSOCIATED WITH THE FIRST AMENDMENT AND AGREEMENT INCLUDING, BUT NOT LIMITED TO, EXTENSION OR TERMINATION OF THE AGREEMENT UNDER THE TERMS SET FORTH THEREIN.

(LEASE NO. 5189)

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

WHEREAS, since 1992, New Cingular Wireless PCS, LLC (“Cingular”) as successor in interest to Bay Area Cellular Telephone Company (“BACTC”), has operated a wireless communications facility at the Half Moon Bay Airport, and

WHEREAS, in February 2010, County and Cingular entered into a new Permit which expires on February 28, 2015 with one option to extend for an additional five years, at an initial monthly base permit fee of $2,775.00 which increases annually by 3%, and the County and Cingular wish to amend the agreement to authorize Cingular to replace existing equipment, install additional equipment and increase the Base Permit fee; and

WHEREAS, there has been presented to this Board of Supervisors for its consideration and acceptance a First Amendment to Permit Agreement, reference to which is hereby made for further particulars, authorizing the replacement of one of Cingular’s existing radio equipment cabinets, installation of two (2) Remote Electrical Tilts (“RETs”) below the existing antennae, installation of four (4) coaxial cables in addition to the five (5) existing cables between Cingular’s existing equipment cabinets and equipment on the tower, for a total of nine (9) coaxial cables, the installation of two (2) DTMA amplifiers behind the existing antennae, and increasing the monthly Base Permit Fee from $2,775.00 to $3,075.00, in accordance with the terms and conditions contained in the First Amendment and Permit Agreement, and

WHEREAS, this Board has been presented with the First Amendment to Permit Agreement and has examined and approved same 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 Permit 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 notices, options and documents associated with the First Amendment and Agreement including, but not limited to, extension or termination of the Agreement under the terms set forth therein.

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