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File #: 19-291    Version: 1 Name:
Type: Resolution Status: Passed
File created: 3/20/2019 Departments: COUNTY MANAGER
On agenda: 4/9/2019 Final action: 4/9/2019
Title: Adopt a resolution authorizing: A) The President of the Board of Supervisors to execute a First Amendment to the Permit Agreement with New Cingular Wireless PCS, LLC for the continued operation of a wireless communication facility at the San Mateo County Event Center for a term of five years with one option to extend for an additional five years at an initial monthly rate of $5,500; and B) The County Manager, or his designee, to accept or execute on behalf of the County of San Mateo any and all notices, options, consents, approvals, terminations, and amendments in connection with the Permit, so long as no such documents modify the amount payable under the Permit by more than $25,000 (over the term of the Permit) nor increase the ground area of the Permit.
Attachments: 1. 21090409_r_2495 Delaware Street, 2. 21090409_a_2495 Delaware Street, 3. 21090409_att_Site Plan
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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Special Notice / Hearing: None__
Vote Required: Majority

To: Honorable Board of Supervisors
From: Michael P. Callagy, County Manager
Subject: Amendment to Permit Agreement with New Cingular Wireless PCS, LLC for the continued operation of a wireless communication facility at San Mateo County Event Center. (Permit No. 5345)

RECOMMENDATION:
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Adopt a resolution authorizing:

A) The President of the Board of Supervisors to execute a First Amendment to the Permit Agreement with New Cingular Wireless PCS, LLC for the continued operation of a wireless communication facility at the San Mateo County Event Center for a term of five years with one option to extend for an additional five years at an initial monthly rate of $5,500; and

B) The County Manager, or his designee, to accept or execute on behalf of the County of San Mateo any and all notices, options, consents, approvals, terminations, and amendments in connection with the Permit, so long as no such documents modify the amount payable under the Permit by more than $25,000 (over the term of the Permit) nor increase the ground area of the Permit.

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BACKGROUND:
In 2012, the County and New Cingular Wireless PCS, LLC ("New Cingular") entered into a Permit Agreement ("Permit") for the installation, construction, and operation of a communication facility located in the East Parking Lot of the San Mateo County Event Center ("Event Center") grounds. The Permit had an initial term of five years followed by two five-year extension options, ultimately giving New Cingular the right to use the premises until 2027. Although New Cingular contends that it sent the required notice to exercise its first extension option in 2017, the County has no record of having received such notice. Nonetheless, the County has permitted New Cingular to continue to occupy the premises in accordance with the holdover provision of the Permit. The proposed First Amendment resolves the ambiguity regarding the exerc...

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