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NON - EXCLUSIVE INSTALLATION AND PROPERTY USE <br />AGREEMENT BETWEEN THE CITY OF SAN LEANDRO AND <br />This Non - Exclusive Installation and Property Use Agreement (this "Agreement ") is <br />made and entered into by and between the City of San Leandro, a municipal <br />corporation (the "City "), and a <br />day of <br />(the "Company "), upon execution by the City on the <br />2012 ( "Effective Date "). <br />RECITALS <br />A. WHEREAS, the City is the owner of that certain real property located at <br />, San Leandro, California, more particularly <br />described in the "Property Description," attached hereto as Exhibit A and incorporated <br />herein by this reference (the "Property "); and <br />B. WHEREAS, the Company desires to construct and install, at no cost to the City, <br />new monopole and antennae facilities, exclusively for the purpose of the operation of <br />telecommunications, more particularly described in the "Telecom Facilities" <br />description, attached hereto as Exhibit B ; and <br />C. WHEREAS, the Telecom Facilities shall provide services to both the City and the <br />Company, as more particularly described in Exhibit C (the "Services "); and <br />D. WHEREAS, in order to provide the Services, the Company desires to obtain from <br />the City and the City desires to grant to the Company the right to use certain portions of <br />the Property, which portions are further described in Exhibit D (the "Licensed Areas "); <br />and <br />E. WHEREAS, the City desires to have the Services available in the City in <br />accordance with the terms and conditions contained in this Agreement. <br />NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is <br />hereby acknowledged, the parties hereto agree as follows: <br />1. Incorporation of Recitals <br />All the recitals above are true and correct and incorporated herein. <br />2. Use of the Property <br />2.1 Subject to the limits herein stated, the right of entry granted herein is a <br />right to enter onto the Property for the purposes of installation, construction, operation, <br />repair, maintenance, replacement or upgrading of the Telecom Facilities on the <br />Property in accordance with the Plans and Specifications attached hereto as Exhibit E . <br />and the terms and conditions expressed in this Agreement, in order to provide the <br />