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State of California, which include wireless communications facilities, in the public right-of-way to provide wireless communications services; and G. WHEREAS, the City owns as its personal property a substantial number of existing poles within the public right-of-way that are potentially suitable for installing wireless communications facilities within the City's jurisdiction and has a duty to derive appropriate value from the City's property assets for the public good; and H. WHEREAS, Licensee desires to install, maintain and operate wireless communications facilities on the City's poles in the public right-of-way in a manner consistent with the City's regulatory authority and Licensee is willing to compensate the City for the right to use the City's poles for wireless communications purposes; and I. WHEREAS, consistent with California state law, the City intends this License to be applicable only to a City-owned pole, and does not intend this License to require any consideration as a precondition for any telephone corporation's access to the public rights-of-way permitted under California Public Utilities Code § 7901; and J. WHEREAS, the City desires to authorize Licensee's access to an individual City- owned pole based on the terms and conditions set forth in this License, and pursuant to all the applicable permits issued by the City to protect public health and safety; and K. WHEREAS, consistent with federal and California state law, the City does not intend this License to grant Licensee any exclusive right to use or occupy the public rights- of-way within the City's territorial and/or jurisdictional boundaries, and Licensee expressly acknowledges that the City may in its sole discretion enter into similar or identical agreements with other entities, which include without limitation Licensee's competitors; and L. WHEREAS, at a March 11, 2019 meeting of the City Council of the City of Pleasanton, the Council approved the form and material terms for this License to be used in connection with the licensing of Vertical Infrastructure for wireless facilities, and further delegated authority to the City Manager to enter into such agreements. NOW THEREFORE, for good, valuable and sufficient consideration received and acknowledged by the City and Licensee, the City and Licensee agree as follows: AGREEMENT 1. DEFINITIONS "Agent" means a party's agent, employee, director, officer, contractor, subcontractor or representative in relation to this License. {00033905;%I} City of Pleasanton, CA 2 DRAFT Pole License Agreement