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The requirement regarding Hacienda's perpetual maintenance obligations is not modified by this Amendment, and shall remain in effect: "Prior to termination, provision for the continued maintenance, as required herein, by the property owners within Hacienda Business Park shall be made, through new agreement within a reconstituted association, formation of a maintenance district, or such other means as will provide said maintenance at no cost to the City." 2. DESIGN REVIEW/ENCROACHMENT PERMIT: Nothing in this Amendment alters Philips' obligation to go through the City's design review process (as set forth in Pleasanton Municipal Code section 18.110) or to obtain an encroachment permit from the City for each Smart Pole. 3. COMPENSATION: Per the amended Lease Agreement between Philips and Hacienda, Philips shall pay Hacienda $200 per month for each Smart Pole installed by Philips (the "Fee"). The Fee shall be increased by 3 percent per annum of a compounded basis (the "Increased Fee") beginning on January 1, 2018, and each January 1 thereafter. For each Smart Pole, Hacienda agrees to pay City 50% of the Fee (i.e., Hacienda shall pay City $100 per month per pole plus annual increases as described above.) Hacienda shall pay City within 30 days of Hacienda's receipt of payment from Philips. If, in the future, Philips and Hacienda amend the current Lease Agreement to increase the fees collected or to increase the number of Smart Poles that may be installed (i.e., beyond the 100 contemplated by the November 28, 2016 Lease Agreement), Hacienda agrees to pay City fifty percent of the fees collected. 4. NEW TECHNOLOGY/ADDITIONAL WIRELESS PROVIDERS: If, in the future, any party seeks to utilize infrastructure within the City's right-of-way that is owned and/or maintained by Hacienda, the parties agree that the City retains authority regarding design review and encroachment permits. Hacienda further agrees to share in all revenue that may be paid to Hacienda by said party consistent with section 3, COMPENSATION, above. Hacienda shall pay City its portion of the fees within 30 days from Hacienda's collection of the fee from the party. 5. AMENDMENT/TERMINATION: This Amendment may be terminated or amended by the parties upon mutual written agreement. 6. In all other respects, the terms and provisions of the four Agreements referenced above continue in full force and effect. This Amendment is effective as of the date and year first written above. CITY OF PLEASANTON HACIENDA BUSINESS PARK OWNERS ASSOCATION Nelson Fialho, City Manager James Paxson, General Manager ATTEST: Karen Diaz, City Clerk APPROVED AS TO FORM: Daniel Sodergren, City Attorney 2