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 TOWER ROAD COMMUNICATION FACILITY, AUTHORIZING THE REPLACEMENT OF EXISTING ANTENNAE, INSTALLATION OF EQUIPMENT WITHIN THE PERMITTED EQUIPMENT AREA AND INCREASING THE MONTHLY BASE PERMIT FEE AMOUNT BY $75 TO $4,298; 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. (PERMIT NO. 5193)

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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, has operated a wireless communications facility at the Tower Road Communication Facility, and

WHEREAS, in July 2009, County and Cingular entered into a new Permit which expires on July 31, 2014 with one option to extend for an additional five years, at an initial monthly base permit fee of $4,100 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 Cingular’s existing antennae, installation of one (1) fiber/power conduit and cable between Permittee’s existing fiber/power box and equipment on the tower, installation of six (6) Remote Electrical Tilts (“RETs”) below the existing antennae, installation of radio equipment within the permitted equipment area, and installation of six (6) Remote Radio Units and three (3) surge protection units within 15 feet of the existing antennae and increasing the monthly Base Permit Fee from $4,223 to $4,298, in accordance with the terms and conditions contained in the First Amendment and Permit Agreement, and

WHEREAS, this Board has been presented with the 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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