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Home My WebLink About29712L-248-1JoaquinRidge LaRueCA/ISD-ITRadio8905 Page -1- FIRST AMENDMENT TO LICENSE AGREEMENT JOAQUIN RIDGE SITE THIS FIRST AMENDMENT TO LICENSE AGREEMENT (“First Amendment”) is made and entered into this _____ day of _________________, 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 WHEREAS, Licensor and Licensee are Parties to that certain License Agreement No. 15- 516, 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 PARTIES 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: L-248-1JoaquinRidge 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 $3,579.19 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 $3,704.46 4% February 15, 2020 $3,852.64 4% February 15, 2021 $4,006.74 4% February 15, 2022 $4,167.01 4% February 15, 2023 $4,333.69 4% February 15, 2024 $4,507.04 4.5% February 15, 2025 $4,709.86 4.5% February 15, 2026 $4,921.80 4.5% February 15, 2027 $5,143.28 4.5% February 15, 2028 $5,374.72 4.5% February 15, 2029 $5,616.59 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-248-1JoaquinRidge 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 payable. (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-248-1JoaquinRidge 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 page 27 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-248-1JoaquinRidge 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 shall remain in full force and effect. EXECUTED AND EFFECTIVE as of the date first above set forth. (Signatures on Next Page) L-248-1JoaquinRidge 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 Joaquin Ridge Channel Names Equipment Type Transmitters PL Tones Rececivers PL Tones AA BLUE NET BASE 155.1750 136.5 155.1750 136.5 BLUE 3 AREA 3 REC 155.6550 156.7 158.9700 156.7 CODIS 6 BASE 153.6650 156.7 159.9300 156.7 GREEN 10 AREA 4 REC 160.5450 156.7 158.9550 156.7 GREEN 11 BASE 160.5900 156.7 158.9550 156.7 GREEN 12 BASE 160.6950 156.7 158.9550 156.7 HMA BASE 151.0850 156.7 159.1200 156.7 LB CHP CLEMARS REC 39.4600 146.2 45.8600 156.7 LB SAR BASE 39.9400 39.9400 141.3 LGA BASE 153.8000 156.7 158.8350 156.7 LINKNET 8 BASE 154.6500 156.7 159.1500 156.7 MED 04 REC 463.0750 114.8 468.0750 179.9 MED 06 BASE 463.1250 114.8 468.1250 179.9 MED 10 BASE 462.9750 114.8 467.9750 114.8 MED 12 BASE 453.3250 156.7 458.3250 156.7 MED 15 BASE 461.5750 156.7 466.5750 156.7 MED 16 REC 463.6250 114.8 468.6250 114.8 NE TAC 13 REC 151.0850 156.7 159.0750 156.7 ORANGE 1 AREA 1 BASE 153.9200 156.7 158.7900 156.7 ORANGE 2 BASE 155.5800 156.7 158.7900 156.7 PAGING NUCLEUS 152.0075 RACES REC 147.1500 141.3 147.7500 141.3 SW TAC 4 BASE 152.9000 156.7 159.9150 156.7 UTAC 41 BASE 453.4625 156.7 458.4625 156.7 UTAC 43 BASE 453.8625 156.7 458.8625 156.7 1 TX-RX 4 channel VHF combiner 1 TX-RX 4 channel VHF combiner 1 TX-RX 4 channel UHF combiner 1 TX-RX 4 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 DB-411 folded dipole UHF receive antenna 1 ANT150F2 fiberglass VHF receive antenna 1 ANT150D6-9 folded dipole VHF transmit antenna 3 DB-264 folded dipole VHF transmit antennas 2 DB-411 folded dipole UHF transmit antennas 1 DB-222 folded dipole VHF trasmit antenna 1 DB-809 fiberglass 800MHz transmit antenna 2 GPS-TGM-HR-40NCM 1575MHz antennas New Microwave Path Joaquin to Coalinga PD 1x dish New Microwave Path Joaquin to Elkorn 2x dishes New Microwave Path Joaquin to Huron PD 1x dish New Microwave Path Joaquin to Panoche 2x dishes New Microwave Path Joaquin to Harris Feed Lot FSO Video C&D Sageon 220vac 200ah power rectifier GNB A99P 4500ah battery plant VHF 4 Dipole UHF 4 Dipole LoBand Dipole Hamilton Elkhorn Kingsburg VHF 4 Dipole UHF 4 Dipole VHF 4 Dipole 800 MHz Fiberglass VHF 4 Dipole VHF 4 Dipole LoBand Dipole LoBand Dipole Sampson