Fourth Amended Encroachment Agreement Page 1
FOURTH AMENDMENT TO THE ENCROACHMENT AGREEMENT
BETWEEN
CITY OF REDONDO BEACH
AND
NORTHROP GRUMMAN SYSTEMS CORPORATION
THIS FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF REDONDO BEACH AND NORTHROP GRUMMAN SYSTEMS CORPORATION (this “Fourth Amendment”) is entered into between the City of Redondo Beach, a chartered municipal corporation (“CITY”) and Northrop Grumman Systems Corporation, a Delaware corporation (NORTHROP GRUMMAN”).
WHEREAS, the parties entered into that certain Encroachment Agreement for use of City RightsOf-Way by NORTHROP GRUMMAN, on August 3, 2004 (the “Agreement”); WHEREAS, the parties entered into that certain First Amendment to the Agreement (the “First Amendment”) dated May 4, 2010 to extend the Agreement’s term, revise the rental payment terms and notice addresses;
WHEREAS, the parties entered into that certain Second Amendment to the Agreement (the “Second Amendment”) dated July 1, 2014 to further extend the Agreement’s term, and make additional adjustments to the rental payment terms and notice addresses; WHEREAS, the parties entered into that certain Third Amendment to the Agreement (the “Third Amendment”) dated June 18, 2019 to extend Agreement’s term, update the rental payment schedule and notice addresses, grant NORTHROP GRUMMAN a 90-day termination right, and attach a second page to Exhibit “A” to the Agreement depicting the Aerial Pathway Detail (as built) for NORTHROP GRUMMAN’S Business Recovery Fiber Backbone Fiber Optic Cable; WHEREAS, CITY and NORTHROP GRUMMAN wish to further amend the Agreement in order to extend the term for an additional five (5) years pursuant to Section 2.2 of the Agreement, subject to the following terms and conditions.
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendments to the Agreement:
1. Term of the Agreement: The term of the Agreement is extended for an additional five (5) year period commencing August 4, 2024 and continuing through August 3, 2029 unless otherwise terminated pursuant to Section 18 of the Agreement.
2. Payments to the CITY: Section 7.2 is modified to reflect that NORTHROP GRUMMAN shall pay a flat annual rental payment in the amount listed below. Payments are to be remitted to CITY annually by the Due Date.
Fourth Amended Encroachment Agreement Page 2
Due Dates Payment Amounts
August 4, 2024 $2,177, plus actual administrative and
attorney’s fees and costs related to the
review of this Fourth Amendment, which in
no event shall exceed $2,500.00.
August 4, 2025 $2,177.00
August 4, 2026 $2,177.00
August 4, 2027 $2,177.00
August 4, 2028 $2,177.00
3. Notices: Section 19.2 is modified to reflect all future notices to NORTHROP GRUMMAN shall be sent to the following addresses:
With a copy to:
Northrop Grumman Systems Corporation Northrop Grumman Space Systems 2980 Fairview Park Drive One Space Park, M/S: D2
Falls Church, VA 22042-4511 Redondo Beach, CA 90278
Attn: Law Dept, Real Estate Legal Notices Attn: Corporate Real Estate, Legal Notices
4. Modifications. Except as modified herein, all other terms and conditions of the Agreement, First Amendment, Second Amendment and Third Amendment shall remain in full force and effect. The Agreement, First Amendment, Second Amendment, Third Amendment, and this Fourth Amendment shall constitute the entire agreement between the parties and supersede any previous oral agreement. In the event of any inconsistency between the terms of this Fourth Amendment and the Agreement, First Amendment, Second Amendment, and Third Amendment, the terms of this Fourth Amendment shall govern.
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Fourth Amended Encroachment Agreement Page 3
IN WITNESS WHEREOF, the parties have entered into this Fourth Amendment as of July 16, 2024.
CITY OF REDONDO BEACH , NORTHROP GRUMMAN SYSTEMS
a chartered municipal corporation CORPORATION, a Delaware corporation
James A. Light, Mayor A.J. Paz
Corporate Director Real Estate
ATTEST:
Eleanor Manzano, City Clerk
APPROVED:
Diane Strickfaden, Risk Manager
APPROVED AS TO FORM:
Michael W. Webb, City Attorney