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219\3064780.4 1 <br />RIGHT OF ENTRY AGREEMENT <br /> <br /> This Right of Entry Permit (“Agreement” or “Permit”) is entered into effective as of <br />January 4, 2022 (“Effective Date”) by and between the City of San Leandro, a California charter <br />city (“City”) and Sail Internet, Inc. (“Company”). City and Company are hereinafter referred to <br />individually as a “Party” and collectively as the “Parties.” <br /> <br />RECITALS <br /> <br /> A. City is the owner of that certain property located at 15301 Wicks Blvd in the City <br />of San Leandro, known as Alameda County Assessor’s APN No. 80G-1320-3-28 and more <br />particularly described in Exhibit A, attached hereto and incorporated herein by reference (the <br />“Permit Property”). <br /> <br /> B. Company has requested access to use a portion of the Permit Property, <br />specifically, the roof of the Permit Property, as described in Exhibit B, attached hereto and <br />incorporated herein by reference (the “Roof Space”) for the purposes of installing, operating and <br />maintaining the communications equipment described in Exhibit C attached hereto and <br />incorporated herein by reference (the “Equipment”). City is willing to grant a right to Company <br />for such purpose subject to the terms and conditions set forth herein. <br /> <br /> NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of <br />which are hereby acknowledged, the Parties agree as follows: <br /> <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, the use of the Roof Space <br />to install, operate, maintain, replace and remove (subject to the limitations set forth in this <br />Agreement) the Equipment (“Permitted Activities”). Subject to the terms and conditions of this <br />Agreement, the rights of entry granted under this Permit include the right of access for the <br />Company Parties onto and through areas of the Permit Property as required to perform the <br />Permitted Activities. Company shall not bring in or permit the placement of any property within <br />the Roof Space any property of a weight in excess of the design capacity of the Roof Space. <br /> <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 FOUR HUNDRED AND FIFTY DOLLARS ($450) per month <br />for Company’s access and use of the Permit Property. For any partial <br />month at the beginning or end of the term of this Agreement, the Permit <br />Fee shall be prorated based on the actual number of days in such month to <br />be prorated. This Agreement is not intended to, nor shall it be interpreted <br />to, create or vest in Company any leasehold or any other property rights or <br />interests in the Permit Property or the improvements located thereon, or <br />any part thereof. The Permit Fee for shall increase by three percent (3%) <br />upon the one-year anniversary of this Agreement and annually thereafter. <br /> <br />375