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ANTENNA CO-LOCATION AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND NEZ PERCE TRIBE THIS ANTENNA CO-LOCATION AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND NEZ PERCE TRIBE (hereinafter "Agreement") is made and entered into this day of > , 2013, by and between City of Moscow, Idaho (hereinafter "City") and the Nez Perce Tribe, 120 Bever Grade Rd, Lapwai, ID 83540 (hereinafter "Tribe"). RECITALS WHEREAS, City owns a facility in Moscow City limits, Latah County, Idaho, commonly known as City Hall, 206 East Third Street, Moscow, Idaho (hereinafter "City Facility"). WHEREAS, City has already constructed a facility that is suitable for microwave antenna placement and a connection to Idaho Regional Optic Network. The coordinates of City's facility are Lat: 46° 43' 57.144" N and Long: -116° 59' 58.92" W. WHEREAS, Tribe currently operates a no- for-profit Wireless Internet Connectivity Service and is interested in expanding its connection to the Idaho Regional Optic Network. WHEREAS, Tribe desires to co-locate antenna(s) on the City Facility and base station equipment in the City Facility to accomplish such purpose, and City desires to lease the City Facility space to Tribe on the terms and conditions set forth herein; WHEREAS, Tribe shall, by entering into this Agreement, enjoy the use of City's real property, as well as establish an access easement. WHEREAS, City hereby does lease the use of the Premises a location for one antenna on the roof of City Hall and a space for equipment in the basement of City Facility) to Tribe. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows: 1. LEASE OF FACILITY 1.1 City hereby grants to Tribe, and Tribe hereby rents from City, the right to co- locate one Dragonwave 18 GHz radio mounted on three foot antenna which shall be bracket mounted on City Facility at a height of at least fifty feet (50') at the approximate equivalent of 35 and to run Cat 5e cable from radio/antenna location to interior equipment room. Subject to the specifications set forth above, City shall have the exclusive right to determine the exact ANTENNA Co-LOCATION AGREEMENT CITY OF MOSCOW AND NEZ PERCE TRIBE ZOI? -08 PAGE 1 OF 14 ---PAGE BREAK--- location of installation of Tribe's antenna and transmission line, see attached Exhibit Antenna and Equipment Specifications. 1.2 City further agrees to include in this Agreement to Tribe sufficient space in its Communications equipment space in the City Facility, which shall be used by Tribe. 2. TERM; COMMENCEMENT AND EXPIRATION The initial Lease Term of this Agreement is five years which shall commence on first day of Tribe's initial construction date and shall expire on the date which is five years thereafter. Prior to the expiration of the initial Lease Term, Tribe, in its sole discretion, may elect to extend the Agreement for three additional five year lease terms (the "Extended Term(s)"), by notice of such election to City. Such notice shall be given to City at least ninety (90) days prior to the end of the Lease Term or Extended Term(s). If Tribe elects to extend this Agreement beyond the initial Lease Term or Extended Term(s), this Agreement shall continue in effect on the same terms and conditions provided herein. 3. RENT 3.1 Tribe shall pay City a rental payment identified in the Rate Schedule, attached as Exhibit (the "Rent") on the first day of each calendar month for the initial Lease Term and every Extended Term(s), and such rental amount shall adjust annually at an amount equal to the greater of three percent of the Rent or an amount equal to the corresponding percentage increase in the Consumer Price Index from the prior year. Payment of Rent shall be made in lawful money of the United States, at City's Notice Address set forth herein, or to such other party or at such other place as City may hereafter from time to time designate in writing. Rent for any partial month at the beginning or end of the Lease Term or Extended Term(s) shall be prorated. Initial Rent shall be seven hundred twenty dollars ($840) per Exhibit 3.2 Any material deviation from the Antenna Installation and Equipment Specifications, Exhibit set forth above, may result in a modification of the Rent. Examples of such deviations include but are not limited to: Installation of antenna located more than +fifteen feet (15') vertically from any elevation; Antennas substantially different from that of the reference antenna; Transmission lines greater than one and inch (1 5/8") diameter; More than one transmitter/receiver diplexed combination. ANTENNA Co-LOCATION AGREEMENT CITY OF MOSCOW AND NEZ PERCE TRIBE PAGE20F 14 ---PAGE BREAK--- No such material deviation will be permitted before City agrees in writing. 3.3 In the event that a substantial change from the reference installation is requested, it may be necessary that a computer analysis be made by an engineering consultant, and the cost of this study will be borne by Tribe. 4. UTILITIES/OPERATIONAL CHARGES Through the Lease Term or any Extended Term(s), Tribe will be provided electricity by City at an additional charge of fifty dollars ($50) per month. Electrical service will include sufficient back up for uninterrupted service provided by a battery back-up unit and generator (if available). 5. INSTALLATION OF EQUIPMENT 5.1 Tribe shall install and operate transmission equipment (the "Transmission Equipment") having the following technical parameters: Transmit Frequency: Output Power: Transmitter Type: 18GHz < 1 Watt Dragonwave Microwave 5.2 Tribe shall install only the Transmission Equipment that has been approved by City as set forth herein and shall ensure that the operation of such equipment is in accordance with the terms or conditions of its Federal Communications Commission (FCC") licenses, the Rules and Regulations of the FCC, the Communications Act of 1934, as amended, and all other rules and regulations, statutes, ordinances and orders of all governmental authorities having jurisdiction over any aspect of the operation of the Tribe's business. 5.3 Tribe shall provide City with a copy of all building permits required for Tribe's facilities. 5.4 In the event Tribe builds in a manner other than described in Exhibit City shall have the right to require the City Facility to be rebuilt as specified, with all costs being borne by Tribe. The completed installation of the Transmission Equipment must be approved by the City. Tribe agrees that the installation will be done in a neat, workmanlike manner. All costs of the installation will be assumed by Tribe. 5.5 The following specifications regarding installation will be rigidly enforced (failure to comply may, at City's option, result in cancellation of this Agreement): Antenna and cable brackets must be approved by City prior to installation by Tribe. ANTENNA Co-LOCATION AGREEMENT CITY OF MOSCOW AND NEZ PERCE TRIBE PAGE3 OF 14 ---PAGE BREAK--- 6. ACCEPTANCE OF PREMISES Tribe, by execution of this Agreement, shall be deemed to have accepted the Premises in the condition existing as of the date of execution. This Agreement shall be subject to all applicable zoning ordinances and to any municipal, county, state and tribal laws and regulations governing and regulating the use of the Premises and any covenants or restrictions of record. Tribe acknowledges that City has made no representation or warranty about the suitability of the Premises for the conduct of Tribe's business. 7. COMMON AREAS Tribe shall have, as appurtenant to the Premises, right to use the common areas relating to the Premises (the "Common Areas") throughout the Lease Term or Extended Term(s). The uses to be made of the Common Areas shall, unless otherwise agreed by the Parties, conform to the uses made of such Common Areas prior to the commencement of the Lease Term. Tribe agrees not to utilize Common Areas as storage facilities or as an overnight parking area. 8. CARE OF TRIBE EQUIPMENT AND GROUND AREA; ALTERATIONS Tribe shall maintain in good order, repair and condition its Equipment. Further, Tribe shall repair any damage caused by Tribe to the Common Area of the Premises, and shall not make, nor allow to be made, any alterations, additions or of such, without first obtaining the written consent of City. Further, Tribe shall not make any alterations, additions or improvements in or about the Equipment without all requisite approvals and consents or authorizations :from the FCC, FAA, and any other jurisdictional governmental authority. 9. TRIBE'S RIGHT OF ENTRY 9.1 City agrees to permit Tribe, or its agents or representatives, to enter into and upon any part of the Premises at any time for the purpose of operation, inspection, maintenance, removal, repair, and replacement of Tribe's Equipment. In the event there is no power at City Facility during an emergency, Tribe shall have the right to bring a portable electrical generator on the Premises to use in connection with the operation of its Equipment. 9.2 Tribe shall procure and maintain, before commencing any installation and/or maintenance work on or in the City Facility, a Certificate of Insurance covering Workers' Compensation Insurance from a responsible insurance company acceptable to City; and said insurance shall provide for the payment of compensation in accordance with the laws of the State of Idaho for all workers employed, and employees of Tribe and its contractors and subcontractors, and further insuring City against any and all liability for personal injury or death of such workers and employees. Tribe shall provide City with said Certificate of Insurance prior to the commencement of any installation and/or maintenance provided for in this Agreement. ANTENNA CO-LOCATION AGREEMENT CITY OF MOSCOW AND NEZ PERCE TRIBE PAGE40F 14 ---PAGE BREAK--- 10. HUMAN EXPOSURE TO RADIO FREQUENCY RADIATION; COMPLIANCE Tribe will provide proof, in writing, that Tribe's proposed operation complies with Sections 1.1307(b) and 1.1310 of the FCC's Rules. In the event that City must conduct an RF study pursuant to Section 1 .1037(b) as a result of Tribe's operation, Tribe agrees to pay City's costs for conducting the study. Tribe agrees to develop with City (and any other facility Lessees), if necessary or appropriate, a joint agreement relating to compliance with FCC regulations (and, where applicable, requirements of other federal or non-federal authorities with competent jurisdiction) governing radio frequency radiation exposure of the public and/or employees or agents of Tribe, City and any other facility Lessees. This radio frequency radiation regulation compliance agreement shall be considered part of this Agreement. 11. MAINTENANCE BY TRIBE Tribe, at its own expense, shall maintain Tribe's property in accordance with reasonable engineering standards to assure that at all times Tribe's property and its operation is in conformance with the requirements of the FCC (including, but not limited to, the radio frequency radiation regulations described in Section 10, above) and all other public authorities with jurisdiction over Tribe. 12. INTERFERENCE 12.1 Tribe shall not cause, by its transmission or activities at the Transmitter Site, interference of any kind whatsoever to the activities or facilities of City or others who have entered into an Agreement with City prior to the execution of this Agreement (unless the other party has modified its transmission or activities after the Tribe has executed the Agreement). If such interference occurs and cannot be reduced to levels reasonably acceptable to City, Tribe must immediately cease all transmissions from the Premises upon notice from City until such interference is eliminated. If such interference cannot be eliminated within a reasonable time as shall be reasonably established by City's consulting engineer, which shall not be less than ten (10) days, then City may elect to terminate this Agreement by giving ten (10) days' prior written notice to Tribe. As used in this Agreement, "interference" means a condition existing which causes degradation of a transmission signal or otherwise constitutes interference within the meaning of the provisions of the recommended practices of the Electronics Industries Association and the rules and regulations of the FCC then in effect. 12.2 Tribe shall be afforded, and City shall provide, the same interference protection described in 12.1 from: any party that becomes a Lessee after execution of this Agreement; or any party that was a Lessor or Lessee prior to execution of this Agreement who modifies its transmission or activities after Tribe executed this Agreement. ANTENNA Co-LOCATION AGREEMENT CITY OF MOSCOW AND NEZ PERCE TRIBE PAGE50F 14 ---PAGE BREAK--- 13. ENVIRONMENTAL MATTERS 13.1 City represents that it is not aware of any release of hazardous substances (as defined below) on the Premises. City will indemnify, protect, defend and hold harmless Tribe from and against all claims, suits, actions, causes of action, assessments, losses, penalties, costs, including clean-up costs, damages and expenses, including, without limitation, reasonable attorneys' fees, sustained or incurred by Tribe pursuant to any federal, state or local laws, implementing regulations, common law or otherwise, relating to the release by City or its agents, employees or contractors of any hazardous substances, toxic substances and/or contamination of any type whatsoever (collectively, "Hazardous Substances") in, upon or beneath the Premises. These environmental indemnities shall survive the expiration or earlier termination of this Agreement. 13.2 Tribe will not bring to, transport across or dispose of any Hazardous Substances on the Premises without City's prior written approval, which approval will not be unreasonably withheld, except Tribe may keep (on the Premises) substances used in backup power units (such as batteries and diesel generators and other cleaning materials customarily used in the telecommunications industry) commonly used in the wireless communications industry. Tribe's use of any approved substances constituting Hazardous Substances must comply with all applicable laws, ordinances and regulations governing such use. 13.3 Tribe will indemnify, protect, defend and hold harmless City from and against all claims, suits, actions, causes of action, assessments, losses, penalties, costs, including clean-up costs, damages and expenses, including, without limitation, reasonable attorneys' fees, sustained or incurred by City pursuant to any federal, state or local laws, implementing regulations, common law or otherwise, dealing with matters relating to Hazardous Substances released by Tribe or its agents, employees or contractors in, upon or beneath the Premises. These environmental indemnities shall survive the expiration or earlier termination of this Agreement. 14. FACILITY MARKING AND LIGHTING REQUIREMENTS City shall be responsible for compliance with any applicable marking and lighting requirements of the Federal Aviation Administration ("FAA") and the FCC, provided that if the requirement for compliance results from Tribe's activities as contemplated by this Agreement, Tribe shall pay for the reasonable costs and expenses thereof (including any lighting and marking which would be required). Tribe shall prepare and provide to City for filing by City, any notices or applications required by applicable law, including, without limitation, FAA rules and regulations, due to its lease of the Premises. Such notices and/or applications shall be provided to City in requisite time to get necessary approvals prior to construction. 15. INSURANCE 15.1 Tribe hereby assumes risk of and responsibility for Tribe's actions, and agrees to indemnify and hold harmless City, from and against any claims, demands, suits, actions, recoveries, judgments, and costs and expenses in connection therewith made, brought or ANTENNA Co-LOCATION AGREEMENT CITY OF MOSCOW AND NEZ PERCE TRiBE PAGE60F 14 ---PAGE BREAK--- obtained on account of the loss of life or property, or injury or damage caused by Tribe's actions to the person or property of any person or persons whomsoever, whether such person or persons be City, its agent or employees, or Tribe, its agents or employees, any contractors or subcontractors employed by Tribe, their agents or employees, which loss of life or property, or injury or damage to persons or property is caused by Tribe and arise(s) out of, or result(s) from this Agreement or any work done thereunder. 15.2 Tribe agrees throughout the Lease Term and Extended Term(s) to procure and maintain, at its own expense, a policy or policies of comprehensive general liability insurance, insuring Tribe from all claims, demands or actions for injury or death or property damage in or about the Property in the amount of One Million dollars ($1,000,000) for all claims arising as a result of any one occurrence. Tribe's liability insurance policy shall be primary with respect to any occurrences.. Tribe shall provide City with a Certificate of Insurance reflecting Tribe's compliance with the provisions set forth herein. City is a governmental entity under the Idaho Tort Claims Act (Idaho Code Sections 6-901 through 6-929). City's liability coverage is provided through the Idaho Counties Risk Management Program (ICRMP). Limits of liability, with respect to claims covered by the Idaho Tort Claims Act, is five hundred thousand dollars ($500,000) Combined Single Limits, which amount is City's limit of liability under the Idaho Tort Claims Act. Nothing in this Agreement shall be construed so as to expand the liability of City beyond the limit of liability under the Idaho Tort Claims Act for any claims covered by such Act. 16. USES 16.1 Use. The Premises are to be used only in connection with the operation of the Tribe's Wireless Communications and for no other business or purpose without the prior written consent of City. Tribe agrees not to occupy or use, or permit any portion of the Premises to be used for any purpose which is unlawful, disreputable, or deemed to be hazardous on account of fire, or permit anything to be done in or about the Premises which would, directly or indirectly, in any way cause the cancellation of insurance coverage on the City Facility or to Tribe's liability insurance. 16.2 Compliance. Tribe agrees to comply with all laws, ordinances, orders, rules and regulations (state, tribal, federal and municipal) relating to the use, condition or occupancy of the Premises. 17. LIENS If any mechanic's, laborer's, material man's or any other lien shall at any time be filed against the City Facility as a result of Tribe's occupancy or construction thereon, Tribe shall, within sixty (60) days after such lien is made or filed, cause the same to be discharged by payment, order of court of competent jurisdiction, or otherwise. Notice is hereby given that City shall not be liable for any labor or materials furnished to Tribe, and no mechanic's or other lien ANTENNA Co-LOCATION AGREEMENT CITY OF MOSCOW AND NEZ PERCE TRIBE PAGE70F 14 ---PAGE BREAK--- shall attach to or affect the reversionary or other estate or interest of City in and to the property leased herein. 18. ASSIGNMENT Tribe shall have the right to assign or transfer this Agreement to another, not-for-profit company, upon the prior written consent of City, which consent shall not be unreasonably withheld, conditioned or delayed; provided however, that an assignment of this Agreement to any affiliate or subsidiary of Tribe shall be permitted without the consent of City. City shall have the right to assign this Agreement without the prior written consent of Tribe, provided that the Agreement is assumed by the subsequent assignee without modification. Any assignment to a for-profit organization shall require rent payments to be charged under Section 3.2 of the Agreement. 19. SURRENDER OF PREMISES Upon the expiration or termination of this Agreement, Tribe shall, at its expense: remove its antenna, transmission wire and all personal property of Tribe located at the Premises; and (ii) quit and deliver up the Premises to City peaceably and quietly in as good order and condition as the same was on the date hereof, ordinary wear and tear excepted. Tribe shall repair any damage to the Premises resulting from the removal of Tribe's property. 20. QUIET ENJOYMENT City covenants that Tribe shall, and may peacefully have, hold and enjoy the Premises, subject to the provisions of this Agreement; if Tribe pays the Rent herein recited and performs all of Tribe's covenants and agreements herein contained. 21. DESTRUCTION OF FACILITY In the event of partial or total destruction of said [City] Facility by wind or other casualty, the same shall be repaired as expediently as possible at the expense of City and Tribe shall be provided a place for a temporary location on the City's property during such repair; provided that if said [City] Facility cannot be economically repaired or reconstructed, City may elect not to rebuild or repair and may terminate this Agreement by giving notice to Tribe of such election within thirty (30) days of such destruction. In the event of such election Tribe shall be provided sixty ( 60) days to remove its equipment. 22. COSTS AND ATTORNEYS' FEES If by reason of any default on the part of the Tribe it becomes necessary for City to employ an attorney, or in case City shall bring suit to recover any Rent due hereunder, or for breach of any provision of this Agreement or to recover possession of the Premises, or if Tribe shall bring any action for any relief against City, declaratory or otherwise, arising out of this ANTENNA CO-LOCATION AGREEMENT CITY OF MOSCOW AND NEZ PERCE TRiBE PAGE80F 14 ---PAGE BREAK--- Agreement, then the non-prevailing party in such action shall pay the other's reasonable attorneys' fees and all reasonable costs incurred by it in connection with such default or action. 23. DEFAULT BY TRIBE 23.1 Defaults. If default be made in the payment of any sum to be paid by Tribe under this Agreement, and such default shall continue ten (1 0) days after Tribe had received written notice from City, or if default shall be made in the performance of any of the other covenants or conditions which Tribe is required to observe and to perform under this Agreement, and such default shall continue for thirty (30) days after written notice from City, provided however, that if the default cannot be reasonable cured within thirty (30) days, the Tribe shall not be in default if Tribe commences to cure such default within said thirty (30) day period and thereafter diligently prosecute such cure to completion. Tribe shall use reasonable efforts to commence to cure all non monetary defaults as soon as reasonably possible after receipt of written notice by City. Then City may treat such occurrence as a breach of this Agreement. 23.2 Termination. Upon any uncured default, and after the expiration of the applicable cure period, City may terminate this Agreement and forthwith repossess the Premises and cause Tribe to remove, or have removed, all persons or property therefrom, and be entitled to recover forthwith as damages a sum of money equal to the total of: the cost of recovering the Premises; (ii) the unpaid Rent owed at the time of termination; and (iii) any other amounts owed by Tribe to City hereunder. 23.3 No Waiver. Failure of City to declare any default immediately upon occurrence thereof, or delay in taking any action in connection therewith, shall not waive such default, but City shall have the right to declare any such default at any time thereafter. 23.4 City's Cure. If Tribe defaults in the observance or performance of any of Tribe's covenants, agreements or obligations hereunder, City may, but without obligation and without limiting any other remedies which it may have by reason of such default, cure the default, charge the costs thereof to Tribe, and Tribe shall pay the same as additional Rent upon demand. 24. EARLY TERMINATION BY TRIBE UNDER THE FOLLOWING CONDITIONS 24.1 Tribe may terminate the Agreement prior to the end of the Lease Term or Extended Term(s) without penalty if Tribe provides City with thirty (30) days' notice of its intent to terminate the Agreement and pays all remaining monies due prior to the termination of this thirty (30) day period and: City defaults on any covenant, conditions or term of this Agreement; or Tribe is unable to reasonably obtain any certificate, license, permit, authority or approval from any governmental authority, thus limiting ANTENNA Co-LOCATION AGREEMENT CITY OF MOSCOW AND NEZ PERCE TRiBE PAGE90F 14 ---PAGE BREAK--- Tribe's ability to install, or operate its equipment or use the Premises, in the manner described in Section 1 6.1 . 24.2 In the event Tribe chooses to terminate this Agreement for any reason other than that provided by Section 24.1 , Tribe may do so provided that Tribe shall pay six months Rent and shall provide City with ninety (90) days written notice of its intent to terminate this Agreement. However, if there is less than six months left on either the Lease Term or Extended Term(s), Tribe shall only pay Rent equivalent to the balance of the Lease Term or current Extended Term(s). If the Tribe terminates pursuant to Section 24.2, Tribe agrees to make payment in full prior to the expiration of the ninety (90) day period. 25. INDEMNIFICATION City and Tribe each hereby agree to indemnify and hold harmless the other, and the other's officers, employees, agents, and contractors, from any loss, liability, claim, suit, cost and expense (including legal fees) arising out of any injury to any person or damage to any property occurring on or about the Premises resulting from the negligence or intentional act or omission of the indemnifying party or its officers, employees, agents, or contractors. 26. SUBORDINATION; NON-DISTURBANCE AND ATTORNMENT This Agreement is subordinate to all existing mortgages on the Premises, and Tribe shall subordinate this Agreement to any future mortgagee of the Premises, if such mortgagee enters into a subordination, non-disturbance and attornment agreement with Tribe in a form reasonably acceptable to Tribe. 27. NOTICES Except as otherwise specifically set forth herein, any demand, request or notice which either party hereto desires, or may be required to make or deliver to the other, shall be in writing and shall be deemed given when personally delivered, or when delivered by private courier service that customarily delivers on the next business day and issues receipts (such as Federal Express), or when received by facsimile at the facsimile number shown below, or three days after being deposited in the United States mail, in certified form, return receipt requested, addressed as follows: To City: ANTENNA Co-LOCATION AGREEMENT CITY OF MOSCOW AND NEZ PERCE TRIBE City of Moscow IS Department 206 East Third Street P 0 Box 9203 Moscow, ID 83843 Telephone No.: (208) 883-7004 Facsimile No.: (208) 883-7018 PAGE IOOF 14 ---PAGE BREAK--- To Tribe: Nez Perce Tribe Technology Services 120 Bever Grade P 0 Box 365 Lapwai, ID 83540 Telephone No.: (208) 843-7307 Facsimile No.: (208) _ or to such other address, facsimile number and/or person as either party may communicate to the other by like written notice. 28. MISCELLANEOUS 28.1 Binding Effect. This Agreement shall be binding upon and inure to the benefit of City, its successors and assigns, and shall be binding upon and inure to the benefit of Tribe, its successors and assigns. 28.2 Severability. It is the intention of the City and Tribe that this Agreement comply with FCC rules, regulations and policies and the applicable state and local laws and regulations. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. The Parties shall agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable. 28.3 Authorized Signatories. The persons who have executed this Agreement represent and warrant that they are duly authorized to execute this Agreement in their individual or representative capacity as indicated. 28.4 Law and Venue. It is agreed that this Agreement shall be construed under and governed by the laws of the State of Idaho. In the event of litigation concerning it, it is agreed that proper venue shall be the District Court of the Second Judicial District of the State of Idaho, in and for the County of Latah. Nothing in this Agreement shall be construed as a waiver or diminishment of the Nez Perce Tribe's inherent sovereign immunity. 28.5 Captions. The captions in the Agreement are for convenience only and are not part of this Agreement. 28.6 Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. 29. COMPLETE AGREEMENT. This Agreement contains the entire Agreement between the City and Tribe and no representations have been made by any of the parties which are not contained herein. ANTENNA CO-LOCATION AGREEMENT CITY OF MOSCOW AND NEZ PERCE TRIBE PAGE 1 1 OF 14 ---PAGE BREAK--- IN WITNESS WHEREOF, City and Tribe have executed this Agreement as of the day and year first above written. City of Moscow By: NancC Its: Mayor Date: /VI ar-t·h J 2---0/3 ) ANTENNA CO-LOCATION AGREEMENT CITY OF MOSCOW AND NEZ PERCE TRIBE \ . /-\\,),c,OP.POHATto : JULY 12 = * 18B7 Nez Perce Tribe By: Silas Whitman Its: Chair Date: -8 - Its: Secretary PAGE 120F 14 ---PAGE BREAK--- EXHIBIT Rate Schedule Proposed Facility Co-location Rate Schedule Between the Nez Perce Tribe and City of Moscow Effective June 2012 Wireless Equipment Location Lease Rates Facility Only Micro 1-4 antennas Lease Rate Microwave Antenna Rate per Diameter Foot Ground Space (square feet) Building interior 5 120 121-320 321-400 401-600 Rack space Single Unit 1/4 Rack 1/2 Rack Floor Space 19"x24"x84" 23"x24"x84" Aux Generator(< 50 sq ft) $100 Power Usage $50 Mini 5-8 antennas $660 $60 $120 $180 $240 $50 $100 $200 $400 $500 Macro 9-16 antennas $780 Maxi 17 & above $885 Prices subject to Change at any time per terms in the Agreement. (rower loading and structural review). ANTENNA Co-LOCATION AGREEMENT CITY OF MOSCOW AND NEZ PERCE TRIBE PAGE 130F 14 ---PAGE BREAK--- EXHIBIT Antenna & Equipment Specifications 1 Dragonwave A-ANT-18G-3 Azimuth 36° Height 50' Antenna Dimensions D x W Antenna Weight Antenna Wind load @ 100 mph CatS outdoor rated one run per antenna ANTENNA Co-LOCATION AGREEMENT CITY OF MOSCOW AND NEZ PERCE TRIBE 39.4" X 17.5" 49 lbs Front 436 lbs ; Side 280 lbs PAGE 140F 14