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Home My WebLink About32630L-24 7-1 Bear Mountain LaRueCA/ISD-ITRadio8905 FIRST AMENDMENT TO LICENSE AGREEMENT BEAR MOUNTAIN SITE Agreement No. 15-515-1 THIS FIRST AMENDMENT TO LICENSE AGREEMENT ("First Amendment") is made and entered into this 20th day of ___ M_a_rc_h ___ ~ 2018 by and between LA RUE CALIFORNIA SITES, LLC, a California limited liability company ("Licensor") and the COUNTY OF FRESNO, a political subdivision of the State of California, with its principal office at 333 W. Pontiac Way, Clovis, CA 93612 ("Licensee"). Licensor and Licensee are at times collectively referred to herein as "Parties" or individually as a "Party." RECITALS A. WHEREAS, Licensor and Licensee are Parties to that certain License Agreement No. 15-515, dated October 13, 2015 ("Agreement") pursuant to which Licensor agreed to grant a non-exclusive license to Licensee for the purpose of permitting Licensee to install, operate and maintain certain equipment on the Premises for the receipt and transmission of radio communications and microwave signals as shown on Exhibit "A-1" attached hereto; and WHEREAS, the Licensor also granted to Licensee the non-exclusive right to use Licensor's right of ingress to and egress from the Premises for the purposes of constructing, installing, maintaining, operating, replacing and repairing on the Premises its Approved Equipment; and WHEREAS, the PAR TIES now desire to amend the Agreement to increase both the monthly License Fee and the utility charges payable to Licensor, in light of Licensee's installation of additional equipment at the Premises. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree to amend the Agreement as follows: Page -1- L-247-1BearMountain LaRueCA/ISD-ITRadio8905 Page -2- 1. Section 3. LICENSE FEE, as set forth on page 6 of the existing Agreement, is hereby deleted in its entirety and replaced with the following: “ 3. LICENSE FEE. (A) Monthly License Fee. Licensee shall pay to Licensor a monthly license fee for its use of the Premises as follows: For the period February 15, 2015 to February 14, 2016: $1,660.89/month For the period February 15, 2016 to February 14, 2017: $1,719.02/month For the period February 15, 2017 to June 14, 2017: $1,779.19/month Effective June 15, 2017, the license fee shall be $4,279.19 per month. Per the original agreement terms, that new annual amount will increase per the following schedule: Fee Increase Date Fee Per Month 3.5 % February 15, 2019 $4,428.96 4% February 15, 2020 $4,606.11 4% February 15, 2021 $4,790.36 4% February 15, 2022 $4,981.97 4% February 15, 2023 $5,181.25 4% February 15, 2024 $5,388.50 4.5 % February 15, 2025 $5,630.98 4.5% February 15, 2026 $5,884.38 4.5% February 15, 2027 $6,149.18 4.5% February 15, 2028 $6,425.89 4.5% February 15, 2029 $6,715.06 The License Fee shall be paid in advance on or before the 15th of each month. Notwithstanding the foregoing all license fees owed by Licensee to Licensor for use of the Premises for the period of June 15, 2017 through March 14, 2018, shall be due and payable in full, along with the monthly license fee then due on April 1, 2018. L-247-1BearMountain LaRueCA/ISD-ITRadio8905 Page -3- (B) Payments shall be deemed delinquent if not received by the 20th day of each month. If the monthly License Fee is delinquent in any month, Licensee shall be charged a late fee of Three Hundred Fifty ($350), which shall be immediately due and pa yable. (C) If any fee or charge is imposed by any adjacent landowner on Licensor for use of any access road to the Premises, then Licensor and Licensee agree to review the fee or charge and Licensee agrees to pay its proportionate share of the fee or charge.” 2. Section 11. UTILITIES, as set forth on pages 15-16 of the existing Agreement, is hereby deleted and replaced with the following: “11. UTILITIES. Beginning June 15, 2017 and continuing through the expiration or termination of this Agreement, Licensee shall pay to Licensor the sum of $1,000 per month for all utility services used by Licensee at the Premises. Licensor and Licensee agree that $1,000 per month represents a fair, reasonable estimate of Licensee’s usage and consumption of such services. Any such utility charges owed by Licensee to Licensor for Licensee’s use of the Premises from June 15, 2017 through March 14, 2018, shall be paid in full by Licensee to Licensor within forty-five (45) days of the execution of the First Amendment to this Agreement. Licensor shall, at all times during the term, including any Renewal Term or Holdover Period, provide electrical service access at the Premises. All utility services installed on the Premises for the use or benefit of the Licensee shall be made at the sole cost and expense of Licensee and may be separately metered from Licensor’s utilities if possible. Licensee shall be solely responsible for extending utilities to the Premises as necessary for the operation of the Approved Equipment and for the payment of utility charges, including connection charges and security deposits incurred by Licensee. Licensee shall obtain and pay the cost of telephone connections, the installation of which shall be in compliance with the procedures for installation and maintenance L-247-1BearMountain LaRueCA/ISD-ITRadio8905 Page -4- of Approved Equipment set forth herein, and further Licensee shall provide Licensor with access to two (2) T1 telephone circuits, at no charge, to be used by Licensor in its discretion. Licensee is permitted at any time during the term, including any Renewal Term or Holdover Period, to install, maintain and/or provide access to and use of, as necessary (during any power interruption at the Premises), a temporary power source, and all related equipment and appurtenances for the Tower and Building, or elsewhere in such locations as reasonably approved by Licensor. Licensee may install conduits connecting the temporary power source and related appurtenances to the Premises.” 3. The portion of Section 29. NOTICES set forth on pages 27-28 of the existing Agreement, which specifies the addresses and telephone numbers of the Parties for purposes of giving and receiving notices under this License, is hereby deleted and replaced with the following: “Licensor: Licensee: La Rue California Sites, LLC County of Fresno Attn: Knox La Rue, Jr. Attn: Robert W. Bash, Director of Internal Services/CIO P.O. Box 691512 333 W. Pontiac Way Stockton, CA 95269 Clovis, CA 93612 Telephone: (209) 609-5627 Telephone: (559) 600-1715 Email: k6nox@yahoo.com Email: rbash@co.fresno.ca.us” 4. New Exhibit A-1 attached hereto shall replace Exhibit A to the Agreement for all purposes. The Parties agree that this First Amendment is sufficient to amend the Agreement, and that upon execution of this First Amendment, the Agreement and this First Amendment shall together be considered the Agreement. L-247-1BearMountain LaRueCA/ISD-ITRadio8905 Page -5- The Agreement, as hereby amended, is ratified and continued. All provisions, terms, covenants, conditions and promises contained in the Agreement and not amended herein shal l remain in full force and effect. EXECUTED AND EFFECTIVE as of the date first above set forth. (Signatures on Next Page) L-24 7-1 Bea rM o un ta in LaRu eCA/ISD-ITRad io8905 LI CENS OR : LARUE CALIFORNIA S IT ES, LLC , a California limited li abili ty comp any ~4__,q___~ By ~ KNO X LARUE, JR., Ma nage r LI CENSEE: COUNTY OF FRESNO, a po liti cal subdi vis ion of the State o f Cali fo rni a ATT EST : hairperson of the Bo ard of the County of Fresn o BERNICE E . SEIDEL Clerk of the Board of Supervisors Co unty of Fresno, State of Californ ia By ~~ b-\£.hO{l Deputy Fu nd: Subc l ass: O rg No.: Acct: 1020 10000 890 5 7340 L-24 7-1 Property/BearMountai n/lTS D8905 Page -6- L-247-1BearMountain LaRueCA/ISD-ITRadio8905 Page -7- EXHIBIT “A-1” List of Licensee’s Approved Equipment Location of Licensee’s Approved Equipment County of Fresno New December-2017 BEAR Mountain Channel Names Equipment Type Transmitters PL Tones Rececivers PL Tones 800 CLEMARS Radio Base 868.5125 156.7 823.5125 156.7 BLUE 3 AREA 3 Radio Base 155.6550 156.7 158.9700 156.7 CODIS 6 Radio Base 153.6650 156.7 159.9300 156.7 GREEN 12 AREA 4 Radio Base 160.6950 156.7 158.9550 156.7 GREEN AREA 4 OWL Radio Receiver 458.7625 156.7 458.7625 156.7 GREEN 10 Radio Base 160.5450 156.7 158.9550 156.7 GREEN 11 Radio Base 160.5900 156.7 158.9550 156.7 HMA Radio Base 151.0850 156.7 159.1200 156.7 LB CHP CLEMARS Radio Base 39.4600 146.2 45.8600 156.7 LB SAR Radio Base 39.9400 39.9400 141.3 LGA Radio Base 153.8000 156.7 158.8350 156.7 LGC Radio Receiver 153.4000 156.7 160.1400 156.7 LINKNET 8 Radio Base 154.6500 156.7 159.1500 156.7 MED 04 Radio Base 463.0750 114.8 468.0750 179.9 MED 05 Radio Receiver 463.1000 114.8 468.1000 179.9 MED 06 Radio Receiver 463.1250 114.8 468.1250 179.9 MED 10 Radio Base 462.9750 114.8 467.9750 114.8 MED 11 Radio Receiver 453.3000 156.7 458.3000 156.7 MED 12 Radio Base 453.3250 156.7 458.3250 156.7 MED 15 Radio Receiver 461.5750 156.7 466.5750 156.7 MED 16 Radio Base 463.6250 114.8 468.6250 114.8 NE TAC 13 Radio Receiver 151.1300 156.7 159.0750 156.7 ORANGE AREA 1 Radio Receiver 153.9200 156.7 158.7900 156.7 ORANGE AREA 2 Radio Base 155.5800 156.7 158.7900 156.7 PAGING Radio Base 152.0075 RACES Radio Base 147.1500 141.3 147.7500 141.3 RED CROSS Radio Base 47.4200 146.2 47.4200 CSQ SW TAC 4 Radio Base 152.9000 156.7 159.9150 156.7 UHF CLEMARS Radio Base 460.0250 156.7 465.0250 136.5 & 156.7 UTAC 41 Radio Base 453.4625 156.7 458.4625 156.7 UTAC 43 Radio Base 453.8625 156.7 458.8625 156.7 YELLOW 9 AREA 2 Radio Receiver 154.7550 156.7 158.8800 156.7 1 TX-RX 6 channel VHF combiner 1 TX-RX 4 channel VHF combiner 1 TX-RX 6 channel UHF combiner 1 TX-RX 32 channel UHF multicoupler 1 TX-RX 16 channel VHF multicoupler 1 General Electric 4 loBand multicoupler 1 DB-201-L ground plane receive antenna 1 ANT450 D6-9 folded dipole UHF receive antenna 1 ANT150D6-9 folded dipole VHF receive antenna 1 ANT150D6-9 folded dipole VHF transmit antenna 3 DB-264 folded dipole VHF transmit antennas 1 DB-411 folded dipole UHF transmit antenna 1 DB-222 folded dipole VHF trasmit antenna 1 DB-809 fiberglass 800MHz transmit antenna 2 DB-205-L coaxial LoBand transmit antenna 2 GPS-TGM-HR-40NCM 1575MHz antennas New Microwave Path Bear Mt to Hamilton Yard 2x dishes New Microwave Path Bear Mt to Sampson Mt 2x dishes New Microwave Path Bear Mt to Kingsburg 2x dishes New Microwave Path Bear Mt to Branch Jail 2x dishes Microwave Path Bear Mt to Elkhorn Jail Sheriff Video Microwave Path Bear Mt to Orange Cove Sheriff Video Eltek-Valere 220vac 200ah power rectifier C&D MS endurII AT-19P 1080ah battery plant LoBand Dipole Telewave Dipole 800 MHz Fiberglass DB‐264 Dipole DB‐264 Dipole Coalinga Elkhorn Elkhorn Panoche Huron Telewave Fiberglass DB‐264 Dipole DB‐411 Dipole DB‐411 Dipole DB‐411 DipoleDB‐222 Dipole