HomeMy WebLinkAboutAgreement A-24-267 First Amendment.pdf Agreement No. 24-267
1 AMENDMENT NO. 1 TO OPTION AND LEASE AGREEMENT
2 This Amendment No. 1 to Option and Lease Agreement ("Amendment No. 1") is dated
3 June 4, 2024 and is between Vast Networks/CVIN., a California Limited Liability
4 Company ("Lessee"), and the County of Fresno, a political subdivision of the State of California
5 ("Lessor").
6 Recitals
7 A. On August 4, 2020, the Lessee and Lessor entered into an Option and Lease
8 Agreement, which is agreement number 20-285 ("Agreement"), for unused County-owned
9 property to be used in connection with Lessee's federally licensed communications business.
10 B. After execution of the Agreement, and due to an administrative oversight on Lessee's
11 part, the option to lease was never formally executed.
12 C. The Lessee and the Lessor now desire to amend the Agreement to extend the initial
13 Option Term, originally stated in the Agreement as 6 months from the Effective Date of the
14 Agreement, so that the Option Term shall now end on June 30, 2024.
15 The parties therefore agree as follows:
16 1. Section 3 of the Agreement entitled "TERM," at subsection (a) and located at page 3,
17 line 13, is deleted in its entirety and replaced with the following:
18 "The Option Term shall expire on June 30, 2024."
19 2. Section 26 of the Agreement, entitled "ENTIRE AGREEMENT," and located on page 14,
20 lines 9 through 13, is deleted in their entirety and replaced with the following:
21 "This Lease constitutes the entire agreement between the Lessor and the Lessee
22 with respect to the subject matter hereof and supersedes all previous Agreement
23 negotiations, proposals, commitments, writings, advertisements, publications,
24 and understandings of any nature whatsoever unless expressly included in this
25 Lease. In the event of any inconsistency in interpreting the documents which
26 constitute this Lease, the inconsistency shall be resolved by giving precedence in
27 the following order of priority: (1) the text of this Amendment No. 1 (2) the
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1 Agreement (3) the Agreement including any attachments and exhibits (3) any
2 attachments and exhibits.
3 3. When both parties have signed this Amendment No. 1, the Agreement, and this
4 Amendment No. 1 together constitute the Agreement.
5 4. The Lessor represents and warrants to the Lessee that:
6 a. The Lessor is duly authorized and empowered to sign and perform its obligations
7 under this Amendment No. 1.
8 b. The individual signing this Amendment No. 1 on behalf of the Lessor is duly
9 authorized to do so and his or her signature on this Amendment No. 1 legally binds
10 the Lessor to the terms of this Amendment No. 1.
11 5. The parties agree that this Amendment No. 1 may be executed by electronic signature
12 as provided in this section.
13 a. An "electronic signature" means any symbol or process intended by an individual
14 signing this Amendment to represent their signature, including but not limited to (1) a
15 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
16 electronically scanned and transmitted (for example by PDF document) version of an
17 original handwritten signature.
18 b. Each electronic signature affixed or attached to this Amendment (1) is deemed
19 equivalent to a valid original handwritten signature of the person signing this
20 Amendment for all purposes, including but not limited to evidentiary proof in any
21 administrative or judicial proceeding, and (2) has the same force and effect as the
22 valid original handwritten signature of that person.
23 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
24 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
25 2, Title 2.5, beginning with section 1633.1).
26 d. Each party using a digital signature represents that it has undertaken and satisfied
27 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
28 through (5), and agrees that each other party may rely upon that representation.
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1 e. This Amendment No. 1 is not conditioned upon the parties conducting the
2 transactions under it by electronic means and either party may sign this Amendment
3 No. 1 with an original handwritten signature.
4 6. This Amendment No. 1 may be signed in counterparts, each of which is an original, and
5 all of which together constitute this Amendment No. 1.
6 7. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
7 provisions of the Agreement not amended by this Amendment No. 1 remain in full force and
8 effect.
9 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Amendment No. 1 on the date stated in the introductory
2 clause.
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VAST NETWORKS/CVIN COUNTY OF FRESNO
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5 I
6 Nam itle Nathan Magsig, Chairman of the Board of
-I>'j,� (,�s 1,� f C F- 'P Supervisors of the County of Fresno
7 Address m
. Attest:
8 S K t G Bernice E. Seidel
Clerk of the Board of Supervisors
9reSr,o L+� 9 3 I County of Fresno, State of California
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By:
11 Deputy
12 For accounting use only:
13 Org No.:
Account No.:
14 Fund No.:
Subclass No.:
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