FIRST AMENDMENT OF LICENSE AGREEMENT 2023-022
City of Ripon
License Agreement
February 13, 2024– February 13, 2029
THIS FIRST AMENDMENT OF LICENSE AGREEMENT 2023-022 is hereby made and entered into this day _______________, 2024, by and between the COUNTY OF SAN JOAQUIN, a political subdivision of the State of California, hereinafter referred to as “County” and CITY OF RIPON, hereinafter referred to as “Licensor.” County and Licensor may sometimes hereinafter be referred to jointly as “Parties.”
WITNESSETH
WHEREAS, the Parties hereto entered into License Agreement 2023-022 on the 13th day of February, 2024, whereby the Licensor grants to County, and its agents and contractors, the right to access and use a portion of Licensor’s property for the operation and maintenance of an Official Ballot Drop Box.
WHEREAS, the Parties hereto now desire to amend said Agreement to include the right to access and use a portion of the Licensor’s property for the operation and maintenance of video surveillance camera equipment, and to include Exhibit D.
NOW, THEREFORE, it is mutually agreed by and before the Parties hereto as follows:
Section 2 is amended to read:
2. LICENSE AREA
Licensor grants to County, and its agents and contractors, the right to access and use a portion of that/those certain property(ies), described on Exhibit A and shown on Exhibit B for the location of the voting ballot dropbox (hereinafter referred to as the “Drop Box License Area”) and further described on Exhibit D hereto (hereinafter referred to as the “Surveillance Camera License Area”)(collectively referred herein as “License Area”) for which exhibits are attached hereto and by reference made a part hereof, together with non-exclusive, in common use of driveways for vehicle ingress and egress, pedestrian walkways, other facilities, and common areas appurtenant to the License Area. Licensor represents and warrants that the License Area is free and clear of easements, including utility easements that would impede the County’s use of the License Area, as set forth below. The Parties agree that the License Area may be modified by County pursuant to the terms herein. If, for example, the License Area includes multiple properties, the County may reduce the number of properties within the License Areas, pursuant to Clauses 6 and 20, below.
First Amendment_City of Ripon License Agreement
Section 3.a. is amended to read:
3. COUNTY AND PUBLIC USE
a. County’s use of the License Area shall be limited to installing, operating, and maintaining an Official Ballot Drop Box on the License Area and the surveillance camera equipment described in Exhibit D.
County shall not use the License Area or any portion thereof for any illegal or unlawful purpose and will not cause or permit a nuisance to be created or maintained therein.
Section 9 is amended to read:
9. ALTERATIONS
County may make improvements and changes, at the County’s expense, in and to the License Area, including, but not limited to changes described in Exhibit C and Exhibit D, attached hereto, and those deemed necessary or appropriate by the County in its discretion, subject to advance written permission from Licensor. It is agreed that any such improvements attached to or placed upon the License Area by County shall be considered as personal property of County, who shall have the right, but not the obligation, to remove same. County agrees that the License Area shall be left in as good condition as when received, reasonable wear and tear excepted.
Section 10.b. is amended to read:
10. OWNERSHIP OF IMPROVEMENTS
b. The County Improvements to be installed on the License Area shall include the Official Ballot Drop Box as specified in the included Exhibit C and the surveillance camera equipment described in Exhibit D.
The County shall be responsible for all costs incurred in the installation of the County Improvements.
The County shall coordinate the installation of the County Improvements with the Licensor.
Section 12 is amended to read:
12. VIDEO SECURITY SURVEILLANCE SYSTEM
Licensor hereby acknowledges that County intends to provide video security surveillance of the License Area with camera equipment described in Exhibit D located in the License Area to monitor public activity and that video surveillance activity will be limited to the License Area, unless otherwise expressly agreed in writing by the Licensor. Licensor may have access to any video security surveillance footage recorded and stored by County in accordance with State law, such as the California Public Records Act, subject to any processes mandated therein.
If feasible, the County shall have access to any video security surveillance footage recorded and stored by Licensor.
Section 29 is amended to read:
29. ATTACHMENTS TO LICENSE
This License includes the following, which are attached hereto and made a part hereof:
I. EXHIBITS
Exhibit A – License Area Description
Exhibit B – Location Map
First Amendment_City of Ripon License Agreement
Exhibit C – Official Ballot Drop Box Specifications
Exhibit D – Surveillance Camera License Area Description and Specifications Exhibit D, attached hereto, is added and by reference made a part hereof, as of the date of this First Amendment.
In all other respects except as herein amended, License Agreement 2023-022 dated February 13, 2024 shall remain unchanged. Except as otherwise expressly set forth herein, all other terms and conditions contained in License Agreement 2023-022, are incorporated by this reference as if fully set forth herein and shall remain in full force and effect as amended herein.
IN WITNESS WHEREOF, the Parties have executed this First Amendment on the date first written above:
COUNTY OF SAN JOAQUIN, a political
subdivision of the State of California LICENSOR
By: __________________________________ By: _____________________________ OLIVIA HALE, Registrar of Voters Signature, Authorized Agent San Joaquin County, State of California
Title: ____________________________
APPROVED AS TO FORM:
OFFICE OF COUNTY COUNSEL
SAN JOAQUIN COUNTY, CALIFORNIA
By: _____________________________
Print Name
By: __________________________________
Deputy County Counsel
First Amendment_City of Ripon License Agreement
EXHIBIT D
SURVEILLANCE CAMERA LICENSE AREA DESCRIPTION
The License Area includes the location of the temporary video camera surveillance equipment as shown below, which will be located on existing light pole closest to the building on the curbside adjacent from the ballot box location. The County will utilize and operate the camera surveillance equipment shown in the below image during an election period. The mounted surveillance equipment will be installed any time within the 2-weeks period preceding the 30-day election period and will be removed within 2-weeks after the 30-day election period concludes.
First Amendment_City of Ripon License Agreement
Installation includes:
The 4K Solstice Camera for surveillance will be installed, including the camera, solar panel, mounting hardware, power supply, cables, and tools. The mounting bracket attached securely.
No holes are drilled at any point. The power and data cables from the camera is secured with cable ties along poles or posts to prevent sagging. Finalizing the installation by tidying up the site and securing loose cables.
First Amendment_City of Ripon License Agreement