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02
City of Pleasanton
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CITY CLERK
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2019
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061819
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02
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6/12/2019 11:17:12 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
6/18/2019
DESTRUCT DATE
15Y
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1. New Equipment and/or Antenna. <br /> a. Lessee desires to amend the Lease to permit Lessee to add, modify, <br /> and/or replace Equipment and/or Antenna, as those terms are defined in the Lease, <br /> in order to be in compliance with current or future federal, state, or local mandated <br /> law, including but not limited to emergency 911 communication services. <br /> b. The Cities agree that the Lease shall be amended to allow Lessee to <br /> modify the Equipment and/or Antenna at the Tower as described in the attached <br /> Exhibit B-2 "Description of Premises." Exhibit B-2 to this Second Amendment <br /> replaces Exhibit B-1 to the Lease. This Second Amendment does not constitute <br /> approval of any permit required before the modifications to the Equipment and/or <br /> Antenna shown in Exhibit B-2 may be constructed or installed and these <br /> modifications are subject to all existing provisions of the Lease and all required <br /> government approvals, including those approvals required by Livermore. <br /> 2. Additional Rent on Antenna Site or Outside Leased Areas. In the <br /> event that Lessee requests and the Cities approve the installation of additional <br /> antenna on the Tower above the approved configuration shown in Attachment B-2, <br /> Lessee shall pay the sum of Two Hundred Dollars ($200.00) per month, in addition <br /> to the Base Rent, for each additional antenna and/or RRU installed, and One <br /> Hundred Dollars ($100.00) per month, in addition to the Base Rent, for each <br /> additional surge protector installed ("Additional Tower Rent"). Additional Tower Rent <br /> shall commence upon the first (1st) day of the month following the commencement <br /> of installation of the applicable antenna. In the event that Lessee requests and the <br /> Cities approve the installation of additional equipment outside of the Leased Areas <br /> as shown in Attachment B-2, additional rent may be required as negotiated between <br /> Cities and Lessee ("Additional Ground Space Rent") in addition to the Base Rent, <br /> which Additional Ground Space Rent shall commence upon the first (1st) day of the <br /> month following the commencement of installation of the applicable equipment. The <br /> additional rent in either case shall be distributed to the Cities pursuant to section 5(b) <br /> of the Lease. <br /> 3. Base Rent Adjustment. Beginning on the first day of the month following <br /> the date that Lessee commences construction of the new Equipment and/or Antenna <br /> as outlined in Section 1 of this Second Amendment, the monthly Base Rent set by <br /> Paragraph 5(b) of the Lease shall be adjusted to $5,791.30, which accounts for an <br /> increase of Seven Hundred and No/100 Dollars ($700.00) per month from the <br /> currently-due Base Rent of $5,091.30. Base Rent shall continue to be adjusted <br /> pursuant to the Rent Adjustment provisions of Paragraph 2 of the Second <br /> Amendment. The Base Rent will continue to be split between Livermore (57%) and <br /> Pleasanton (43%) pursuant to the Base Rent provisions in Paragraph 5(b) of the <br /> Lease. <br /> 4. Additional Extension Term. In addition to the Term presently set forth in <br /> the Lease, Lessee shall have the option to extend the Term of the Lease for one <br /> Second Amendment to January 15,2014 Lease <br /> Page 2 of 4 <br />
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