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Market:Northern California Cell Site Number:CNU0413 Search Ring Name:Livermore Cell Site Name:Livermore(CA) Fixed Asset Number:10087959 LEASE FOR INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT THIS LEASE FOR INSTALLATION OF TELECOMMUNICATION EQUIPMENT ("Lease Agreement") is made as of this day of , 2013 ("Effective Date"), by and among the City of Livermore ("City"), a municipal corporation, having its principal place of business at 1052 South Livermore Avenue, Livermore, CA 94550, the City of Pleasanton ("Pleasanton"), a municipal corporation, having its principal place of business at 123 Main Street, Pleasanton, CA 94566, and New Cingular Wireless PCS, LLC, a Delaware limited liability company ("Lessee"), having its principal place of business at 575 Morosgo Drive NE, Suite 13F, West Tower, Atlanta, GA 30324. Recitals City is the owner of the property located at 3801 Doolan Road, in the City of Livermore, County of Alameda, State of California 94551, and more particularly described in the legal description attached as Attachment "A" ("Property"). City and Pleasanton (collectively "Cities") are co-owners of the communications tower ("Towel") located on this Property. The Tower provides essential communications for public safety communication and data retrieval functions for City and Pleasanton in the Tri-Valley area. City and Pleasanton manage the maintenance and operation of the Tower per the 1994 Intergovernmental Agreement for Joint Use Radio System. City, Pleasanton, and Lessee are parties to a Cell Site Lease dated October 9, 1995 as amended by that certain Amendment to Cell Site Lease dated October 23, 2000 as amended and extended pursuant to that Second Extension to Cell Site Lease dated December 8, 2008 (collectively, the "Original Lease")for the use of a portion of the Property and Tower, pursuant to which the Lessee installed antennae and equipment to operate a wireless telecommunication facility for its telecommunications system. On December 13, 2010, the City adopted a policy for leasing City-owned property for wireless telecommunication facilities ("Policy") (Resolution no. 2010-201, Policy Proposal 10- 003) that include the Property. Lessee desires to enter into a new lease to supersede and replace the Original Lease in its entirety, and City is willing to lease a portion of the Property to Lessee, and both City and Pleasanton are willing to lease space on the Tower to Lessee, to allow Lessee to maintain and operate a wireless telecommunication facility for its telecommunications system subject to the terms and conditions of this Lease Agreement. Agreement NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree as follows: Lease for Installation of Telecommunications Equipment-Final Page 1