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LEASE FOR INSTALLATION AND MAINTENANCE OF COMMUNICATION <br />EQUIPMENT <br />(Doolan Tower) <br />THIS LEASE AGREEMENT is made as of this day of , 2008, by and <br />between the City of Livermore ("City"), a municipal corporation, having its principal place of <br />business at 1052 South Livermore Avenue, Livermore, CA 94550, the City of Pleasanton <br />("Pleasanton"), a municipal corporation, having its principal place of business at 123 Main <br />Street, Pleasanton, CA 94566, and the Zone 7 Water Agency ("Zone 7"), a body corporate <br />and politic, having its principal place of business at 100 North Canyons Parkway, <br />Livermore, CA 94551. <br />Recitals <br />The City is the owner of that particular piece of real property located east of Doolan Road <br />3801 Doolan Road in the County of Alameda, State of California, 94551 and more <br />particularly described in the legal description attached as Attachment "A" ("Property"). <br />The City and Pleasanton jointly own a communications antenna tower ("Tower") <br />constructed on the Property. The City manages the maintenance and operation of the <br />Tower. <br />The City and Pleasanton installed the Tower to provide reliable radio communications for <br />health and safety operations carried out by law enforcement, fire and emergency response, <br />and city public works including the delivery of municipal and industrial water and treatment <br />of waste water. Zone 7 is the wholesale supplier of municipal/industrial water to the Cities <br />of Livermore and Pleasanton. <br />The City and Pleasanton have leased space on the Tower to third parties to provide <br />communication and data retrieval systems within Livermore, Pleasanton, and the Tri-Valley <br />area. <br />On August 30, 2003, Zone 7 installed a Global Positioning System and Supervisory Control <br />and Data Acquisition radio and telecommunications network ("SCADA Communications <br />Network") on the Tower and the Property to produce, operate, distribute and maintain its <br />facilities to furnish treated water to its retailers as more fully described in sections 3.1 and <br />3.2 of this Lease Agreement. <br />Zone 7 desires to continue locating its SCADA and Communications Network on the Tower <br />and the Property and the City is willing to lease a portion of the Property to Zone 7, and <br />both City and Pleasanton are willing to lease space on the Tower to Zone 7 for a SCADA <br />Communications Network, subject to the terms and conditions of this Lease Agreement. <br />