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 THIRD AMENDMENT TO LEASE AGREEMENT WITH KIEWIT INFRASTRUCTURE WEST CO., WHICH PROVIDES KIEWIT WITH TWO OPTIONS TO EXTEND THE TERM FOR SIX MONTHS EACH, AND 2) COUNTY MANAGER OR HIS DESIGNEE TO ACCEPT OR EXECUTE NOTICES, OPTIONS AND DOCUMENTS ASSOCIATED WITH THE THIRD AMENDMENT AND AGREEMENT INCLUDING, BUT NOT LIMITED TO, EXTENSION 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, on June 24, 2008, County and Kiewit entered into the First Amendment, which extended the Expiration Date of the Lease to April 15, 2009, increased the Premises to 41,000 square feet with a corresponding increase in Rent to $10,250 per month, and established a process to allow additional increases to the area of the Premises; and

WHEREAS, in accordance with the process set forth in the First Amendment, on July 31, 2008, County and Kiewit agreed to increase the Premises to 51,000 square feet with a corresponding increase in Rent to $12,750 per month; and

WHEREAS, on April 14, 2009, County and Kiewit entered into the Second Amendment, which extended the Expiration Date of the Lease to February 28, 2010, with two additional options to extend the term by additional terms of six months each; and

WHEREAS, the parties wish to further amend the Lease to provide Kiewit with two additional options to extend the term for six months each; 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 Third Amendment to Lease Agreement, reference to which is hereby made for further particulars, which provides Kiewit with two additional options to extend the term for six months each, in accordance with the terms and conditions contained in said Agreement; and

WHEREAS, this Board has examined and approved such Third 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 Third 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 Third Amendment and the Agreement including, but not limited to, extension or termination of the Agreement under the terms set forth therein.

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