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HomeMy WebLinkAboutA-04-195-2.pdfL-232/2ndAmendRent Payment MetroF!ood/ITSD AGT. # 04-195-2 SECOND AMENDMENT TO TOWER LEASE (AGT. #04-195) THIS SECOND AMENDMENT TO TOWER LEASE (hereinafter "Second Amendment) is made and entered into this \1-"""T"b day of ::s-~ , 2014, by and between the FRESNO METROPOLITAN FLOOD CONTROL DISTRICT, 5469 E. Olive, Fresno, CA 93727, (hereinafter "DISTRICT"), and the COUNTY OF FRESNO, a political subdivision of the State of California, 2220 Tulare Street, 21sT Floor, Room 2101, Fresno, CA 93721-2120, (hereinafter "COUNTY"). WITNESSETH WHEREAS, DISTRICT and COUNTY entered into Tower Lease (AGT. #04-195) (hereinafter the "Tower Lease") on May 7, 2004, to allow COUNTY to install telecommunication equipment on the 170 foot communications tower owned by DISTRICT; and WHEREAS, DISTRICT and COUNTY entered into a First Amendment to Tower Lease on May 25, 2010 (AGT. #04-195-1) to allow COUNTY to add an additional antenna on the Tower; and WHEREAS, DISTRICT and COUNTY now desire to further amend the Tower Lease to change the rent payment from monthly to annually. NOW, THEREFORE, DISTRICT and COUNTY agree to amend the Tower Lease as follows: Section 6. RENT is deleted and replaced with the following: "Section 6. RENT-For the period June 1, 2004 to June 30,2014, COUNTY shall on or about the 5th day of each month pay a rent of $75.00 per month. Beginning July 1, 2014, the rent shall be paid annually ($900.00 per year) and in advance on or about July 1 of each year this Tower Lease remains in effect. If either Party terminates this Tower Lease after payment of the annual rent by COUNTY, DISRICT shall refund to the COUNTY on a pro-rata basis, the unused portion of the annual rent." All other provisions of the Tower Lease are unchanged by this Second Amendment and shall remain in full force and effect. 1. L-232/2ndAmendRent Payment MetroFlood/ITSD IN WITNESS HEREOF, the parties hereto have caused this Second Amendment to be executed as of the date and year first above written. COUNTY: COUNTY OF FRESNO, a political subdivision of the State of California DISTRICT: FRESNO METROPOLITAN FLOOD CONTROL DISTRICT B~~=-=~:::tl By ddd-e-4L ~~~Judith Nairy Bob VanWyk of Supervisors, Vice Chairman General Manager-Secretary Date ---'U'"""--~-\..L..l l-'-+)_,;l=O:...:....l -4-l-· ____ _ ATTEST: BERNICE E. SEIDEL, CLERK BOARD OF SUPERIVSORS By~~~ Deputy APPROVED AS TO LEGAL FORM: DANIEL C. CEDERBORG, COUNTY COUNSEL By~/~ eputy APPROVED AS TO ACCOUNTING FORM: VICKI CROW, C.P.A. AUDITOR-CONTROLLER!I'REASURER- TAX COLLECTOR By Get , { ( .· c ~J ~NED FgfroYAL: k__jc::JfcJV r~-- Robert W. Bash, Director of Internal Services/ Chief Information Officer Fund 1080 Subclass 10932 Org 8932 Account 7340 Date /J! ay1 .;1-/, .70 /i 2.