Reso 2022- 004 Right of Entry Agmt w Sail Internet

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RESOLUTION THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2022-004 RESOLUTION OF THE CITY OF SAN LEANDRO CITY COUNCIL APPROVING A RIGHT OF ENTRY AGREEMENT BETWEEN THE CITY OF SAN LEANDRO AND SAIL INTERNET, INC. FOR THE CONSTRUCTION AND MAINTENANCE OF A WIRELESS COMMUNICATIONS SITE AT THE MARINA COMMUNITY CENTER WHEREAS, Sail Internet, a wireless internet service provider, desires to install a wireless telecommunications antenna on the rooftop of the Marina Community Center; and WHEREAS, the installation is consistent with similar wireless antenna installations done at City locations; and WHEREAS, Sail Internet will pay the City an annual per site license fee, based on fair market value, to access rooftop space to install antennas and related equipment to support its network; and WHEREAS, the agreement will be non-exclusive; and WHEREAS, Sail Internet must ensure non-interference with other City -owned wireless facilities, such as public Wi-Fi. NOW, THEREFORE, the City Council of the City of San Leandro does hereby RESOLVE as follows: 1. That the Right of Entry Agreement with Sail Internet, Inc. is approved by the City Council; and 2. That the City Manager is authorized to execute the Right of Entry Agreement with Sail Internet in substantially the same form as attached hereto; to make any revisions, amendments, corrections and modifications to the MLA subject to the approval of the City Attorney, as deemed necessary to carry out the intent of this Resolution and which do not materially alter or increase the City's obligations thereunder; and That the collection of all fees prescribed by the Right of Entry Agreement is approved, and said fee payments shall be directed to account 010-3518 or another similar telecommunications licensing revenue account as established by the Finance Department; and 4. That the City Manager is authorized to delegate the processing and execution of individual Pole Licenses in substantially the same form as attached hereto to the Engineering and Transportation Director or designee.