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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />RESOLUTION NO. 2018-156 <br />RESOLUTION OF THE CITY OF SAN LEANDRO CITY COUNCIL TO APPROVE <br />A MASTER LICENSE AGREEMENT FOR SMALL CELL POLE ATTACHMENT <br />INSTALLATIONS WITH EXTENET SYSTEMS (CALIFORNIA) LLC <br />WHEREAS, the City of San Leandro owns street light poles, traffic signal poles, safety <br />poles, and other poles (each, a "City Pole") within the public right-of-way; and <br />WHEREAS, ExteNet Systems (California) LLC, a wireless infrastructure provider requested <br />permission to deploy new small cell facilities on City Poles that will enhance private wireless service <br />throughout the community; and <br />WHEREAS, under existing federal and state law, the City is not precluded from negotiating <br />agreements to regulate private wireless telecommunications facilities in the public right-of-way; and <br />WHEREAS, approving a Master License Agreement for Small Cell Pole Attachment <br />Installations ("MLA") would allow the City to exert its authority over these facilities, including the <br />authority to regulate the aesthetic qualities of the facilities and the appropriateness of the equipment <br />within each neighborhood; and <br />WHEREAS, the proposed MLA with ExteNet Systems (California) LLC will create uniform <br />terms and conditions applicable to wireless facilities installed on City -owned poles; and <br />WHEREAS, the proposed MLA would not directly grant any rights to use City Poles, but <br />rather establishes the procedures, terms and conditions under which licensee can obtain Pole <br />Licenses according to the City's Encroachment Permit process; and <br />WHEREAS, the City negotiated the terms of the proposed MLA with ExteNet Systems <br />(California) LLC; and <br />WHEREAS, the proposed MLA contains administrative and annual license fees, in addition <br />to performance guarantees and penalties for violations. <br />NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as <br />follows: <br />1. That the MLA with ExteNet Systems (California) LLC is approved by the City Council; <br />and <br />2. That the City Manager is authorized to execute the MLA with ExteNet Systems <br />(California) LLC on behalf of the City of San Leandro in substantially the same form as <br />attached hereto; to make any revisions, amendments, corrections and modifications to the <br />MLA subject to the approval of the City Attorney, as deemed necessary to carry out the <br />intent of this Resolution and which do not materially alter or increase the City's <br />obligations thereunder; and <br />RESOLUTION NO. 2018-156 <br />