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1 <br />MASTER LICENSE AGREEMENT FOR <br />SMALL CELL POLE ATTACHMENT INSTALLATION <br />This MASTER LICENSE AGREEMENT FOR SMALL CELL POLE ATTACHMENT <br />INSTALLATION (“Master License”), effective as of _____, 20__, is made by and between the <br />CITY OF SAN LEANDRO, a California charter city (the “City”) and ExteNet Systems (California) <br />LLC, a California Limited Liability Company (“Licensee”). <br />BACKGROUND <br />A.The City owns and operates approximately 4,730 street light poles and other traffic <br />control and safety poles (each, a “City Pole”) in San Leandro, California, many of which are <br />suitable sites for installing equipment to enhance wireless telecommunications services in San <br />Leandro. The City purchases electricity to power each street light from Pacific Gas & Electric <br />Company (PG&E). Certain street lights are powered from PG&E’s unmetered electrical grid, <br />while others are attached in series to various electrical meters. The City can provide Licensee <br />information on how individual streets lights are powered upon request. <br />B.Licensee has requested to use City Poles to install, maintain, access, and operate <br />communications facilities as specified in this Master License. <br />C.This Master License Agreement is intended to manage the license of existing City <br />Poles for installation of outdoor distributed antenna systems, including small cells or microcells to <br />be installed and operated by wireless telecommunications carriers using licensed and unlicensed <br />spectrum and third-party hosts certificated by the California Public Utilities Commission. The City <br />reserves the right to evaluate usage of unlicensed spectrum (e.g. 5 Ghz) and to assess <br />coexistence with its Public Wi-Fi equipment. Licensee agrees to work with City to ensure such <br />coexistence is achieved. The Master License has been approved by the following City actions, all <br />of which are now final and binding: <br />1.The City Council concluded that City approval of the Master License and <br />Pole License would not commit the City to authorize use of specific City Poles. Therefore, <br />the City actions described in Paragraph C.2 did not fall with the definition of a “project” <br />under the California Environmental Quality Act (CEQA) Guidelines section 15378. <br />2 The City Council adopted Resolution No. _________ authorizing its City <br />Manager or his or her designee to enter into this Master License with and to issue Pole <br />Licenses to wireless telecommunications carriers in a manner consistent with all required <br />approvals on _________, 20___. <br />D.Licensee has the authority under applicable Laws to install and maintain <br />communications facilities in the public right-of-way to provide wireless telecommunications <br />services. <br />NOW THEREFORE, IN RECOGNITION OF MUTUAL CONSIDERATION, THE ABOVE <br />PARTIES AGREE TO THE FOLLOWING: