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Amendment to Four Maintenance Agreements between Hacienda Business Park Owners Association and the City of Pleasanton This Amendment is made on September 5, 2017, between the City of Pleasanton ("City") and the Hacienda Business Park Owners Association ("Hacienda"). RECITALS A. On November 22, 1983, City and Hacienda entered into a "Maintenance Agreement." B. On November 1, 1986, City and Hacienda entered into a "Landscape Maintenance Agreement for Owens Drive Within Area of Parcel Map No. 4390." C. On May 1, 1988, City and Hacienda entered into a "Phase II Maintenance Agreement." D. On September 1, 1988, City and Hacienda entered into a "Stoneridge Drive Connection Maintenance Agreement." E. All four agreements referenced above (collectively "the Agreements") set forth certain maintenance obligations for infrastructure within the Hacienda Business Park, including but not limited to, requiring Hacienda to own and maintain all of the streetlight poles located in the City- right-of-way within the Hacienda Business Park. F. On November 28, 2016, Hacienda entered into a "Lease Agreement" with Philips Lighting North America Corporation ("Philips") in which Hacienda agreed to allow Philips to remove up to one hundred streetlight poles in the City-right-of way and replace them with Philips' "Smart Poles." Philips agreed to pay Hacienda a monthly fee per"Smart Pole" installed in the City's right-of- way. The Lease Agreement was amended on ; this Amendment applies to all amendments of the Lease Agreement. G. Hacienda has agreed to pay City fifty percent of the fee paid by Philips. H. Once the Smart Poles are installed, Hacienda will own the poles but Philips has the right to sublease the interior of the smart poles to wireless providers (e.g., AT&T, Verizon, Sprint) for installation of small-cell-wireless systems that will improve cellular coverage and network capacity within Hacienda. I. City and Hacienda desire to amend the Agreements to address various issues relating to the Smart Poles, including but not limited to, compensation, design review, encroachment permits, and extending the term of the Agreements. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, City and Hacienda agree upon the modifications to the Agreements referenced above as follows: 1. TERM: The four Agreements have a termination date of December 31, 2039, with the added requirement that "prior to termination, provision for the continued maintenance shall be continued by the property owners within Hacienda Business Park through a new agreement within a reconstituted association, formation of a maintenance district, or such other means as will provide the required maintenance obligations at no cost to the City." The City and Hacienda desire to have the termination dates of the four Agreements coincide with the term of the Lease Agreement between Philips and Hacienda. That Lease Agreement expires on December 13, 2041, (i.e., 25 years after the December 13, 2016 Effective Date of the Lease Agreement.) Accordingly, the Agreements are amended to extend the termination date to December 13, 2041. 1