Res 2018-125/approving amendments that extend the terms for five additional years of a non-exclusive license agreement for the use of public rights-of-way and a license agreement for attachments to utility facilities, each with ATC Outdoor Das, LLC. rela

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FIRST AMENDMENT TO NON-EXCLUSIVE LICENSE AGREEMENT BETWEEN THE CITY OF SAN MARCOS AND ATC OUTDOOR DAS, LLC FOR THE USE OF PUBLIC RIGHTS-OF-WAY AMERICAN TOWER SITE NO.346132 This FIRST AMENDMENT NON-EXCLUSIVE LICENSE AGREEMENT BETWEEN THE CITY OF SAN MARCOS AND ATC OUTDOOR DAS, LLC FOR THE USE OF PUBLIC RIGHTS-OF-WAY ("First Amendment") made as of the latter of the two signature dates below ("First Amendment Effective Date") between the CITY OF SAN MARCOS, a municipal corporation and home-rule municipality of the State of Texas ("Licensor" or "City"), and ATC OUTDOOR DAS,LLC, a limited liability company. ("Licensee"or"ATC"). RECITALS WHEREAS, the City and ATC entered to a certain Non-Exclusive License Agreement dated October 18, 2011 ("License Agreement"), for the purpose of ATC installing, maintaining and operating a DAS Network as defined in the License Agreement and pursuant to state and federal laws; and WHEREAS, the term of the License Agreement was for five (5) years, commencing on October 18, 2011; and WHEREAS,the term of the License Agreement expired on October 17,2016; and WHEREAS, notwithstanding the expiration of the License Agreement, the License Agreement has continued in full force and effect on a month-to-month basis from October 18, 2016 through the First Amendment Effective Date; and WHEREAS, the City and ATC desire to amend and modify the License Agreement as set forth in this First Amendment. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the City and ATC agree as follows: 1. Recitals True. The recitals set forth above are agreed to be correct and are incorporated herein. All capitalized terms used and not otherwise defined in this First Amendment, but defined in the License Agreement, shall have the meaning set forth in the License Agreement. 2. Term. (a) Section 1(1) of the License Agreement is hereby deleted in its entirety and replaced with the following provisions: "Term" means the period of time commencing of the First Amendment Effective Date and ending five(5) years later. 1