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219\3064780.4 1 <br />RIGHT OF ENTRY AGREEMENT <br />This Right of Entry Permit Agreement (“Agreement” or “Permit”) is entered into <br />effective as of August 1, 2018 (“Effective Date”) by and between the City of San Leandro, a <br />California charter city (“City”) and Satellite Healthcare, Inc., a Not for Profit Organization <br />(“Company”). City and Company are hereinafter referred to as the “Parties.” <br />RECITALS <br />A.City is the owner of that certain property located adjacent to 801 Davis Street, <br />identified as Parcel A and Parcel B on Exhibit A, in the City of San Leandro, known as Alameda <br />County Assessor’s APN No. 075-0047-011-01 (Parcel B) and more particularly described in <br />attached hereto (the “Permit Property”). <br />B.Company has requested access to the Permit Property for parking spaces for <br />patient and healthcare service provider parking for those partaking of or rendering services at <br />Satellite Dialysis San Leandro and City has agreed to permit the Company to enter the Permit <br />Property under the conditions provided herein. <br />NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of <br />which are hereby acknowledged, the Parties agree as follows: <br />1.Grant of Permit, fees. City hereby grants to Company, its contractors, <br />subcontractors, employees and agents (collectively, the “Company Parties”) a revocable right of <br />entry permit to the Permit Property for the purpose of, and limited to, non-commercial vehicle <br />parking for patient and healthcare service providers (“Permitted Activities”). Subject to the <br />terms and conditions of this Agreement, the rights of entry granted under this Permit include the <br />right of access for the Company Parties onto and through areas of the Permit Property as required <br />to perform the Permitted Activities. <br />a.Permit Fee. On or before the first day of each month during the Term of <br />this Agreement, Company shall pay to City a fee (the “Permit Fee”) in the <br />amount of five hundred dollars ($500) per month for Company’s access <br />and use of the Property. For any partial month at the beginning or end of <br />the term of this Agreement, the Permit Fee shall be prorated based on the <br />actual number of days in such month to be prorated. This Agreement is <br />not intended to, nor shall it be interpreted to, create or vest in Company <br />any leasehold or any other property rights or interests in the Property or <br />the improvements located thereon, or any part thereof. <br />1.1 Late Charge. Company acknowledges that the late payment of the Permit Fee <br />will cause City to incur administrative costs and other damages, the exact amount of which <br />would be impracticable or extremely difficult to ascertain. Company and City agree that if City <br />does not receive any such payment within ten (10) calendar days after such payment is due, <br />Company shall pay to City an amount equal to ten percent (10%) of the overdue amount as a late <br />charge for each month or partial month that such amount remains unpaid. The Parties