Agmt 2015 Trust of Sung H Paskewitz

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LOAN AGREEMENT Public WiFi Antenna Installation This Loan Agreement (this "Agreement") is entered into effective as of ,July 15 , 2015 (the "Effective Date") by and between TRUST OF SUNG H PASKEWITZ (the "Owner") and the City of San Leandro, a public body corporate and politic (the "City"). City and Owner are hereinafter collectively referred to as the Parties." RECITALS A. Owner is located at 100 Pelton Way in the City of San Leandro, known as Alameda County Assessor's Parcel No. 077 0545 032 01 (the "Property"). Owner owns the Property and the improvements located thereon (the "Improvements"). B. The City and Owner engaged in negotiations to participate in a public- private partnership to construct and operate a free, public wireless Internet network in Downtown San Leandro and, to that end, have identified the Pelton Center sign as an optimal location for a wireless antenna to support this network. C. Owner will agree to fund the installation of an antenna on the Property and City agrees to provide a loan (the "Loan") pursuant to the terms and conditions set forth herein, and to provide technical assistance when necessary, for the purpose of supporting this public-private partnership development of a wireless Internet network as more particularly described in the attached Exhibit A (the "Project"). D. The City has determined that development of a free, public wireless Internet network in Downtown San Leandro will serve the public interest by encouraging residents, employees and visitors to spend time in Downtown San Leandro and patronize local businesses. E. Concurrently herewith Owner shall execute a promissory note (the "Note") in the amount of the Loan. This Agreement and the Note are collectively hereinafter referred to as the "Loan Documents." NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows. ARTICLE I LOAN TERMS 1.1 LOAN AND NOTE. City agrees to loan to Owner, and Owner agrees to borrow from and, subject to the provisions of Section 1.2.1, repay to City, no more than thirty eight thousand dollars ($38,000). The Loan shall be evidenced by the Note which shall be dated as of the Effective Date and executed by Owner substantially in the form attached hereto as Exhibit C. Provided that Owner has complied with all conditions set Public Wi-Fi Installation 3 Loan Agreement