Agenda 04-20-1999 - 10a - Laserfiche WebLink

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North Carolina/Apex Standard Management Agreeme%ibit C November 16, 1998 4 WIRELESS COMMUNICATIONS CONSULTING, MARKETING and MANAGEMENT AGREEMENT THIS EXCLUSIVE WIRELESS COMMUNICATIONS CONSULTING AND MARKETING AGREEMENT ( "Agreement ") is entered into as of the day of 1998 by and between MetroSite Management, LLC an Arkansas Limited Liability Company, its successors and assigns, having its principal place of business at 11 Corporate Hill Drive, Suite 110, Little Rock, Arkansas 72205 ( "MetroSite "), and Countv. (the "Client "). WITNESSETH: WHEREAS, the Client desires to engage MetroSite to provide consulting and marketing services to Client; and WHEREAS, MetroSite desires to enter into this Agreement subject to the terms, covenants and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. SERVICES 1.1 Description and Performance of Services. MetroSite shall provide the following services to the Client during the Term of this Agreement: (a) Electronic Database. The establishment of an electronic database which shall include an inventory of the Client's assets that may be marketed as potential wireless communications facilities (Facilities). The Client shall provide the necessary information or allow MetroSite reasonable access to the Facilities and Client records to obtain such information. (b) Marketing. MetroSite shall market Facilities for lease to wireless communications companies. (c) Negotiation. MetroSite shall coordinate the negotiation of leases or licenses on behalf of Client. Client shall provide reasonable assistance to MetroSite in the performance of MetroSite's services under this Agreement. (d) Coordination. MetroSite shall provide assistance to and on behalf of the Client in coordinating the equipment installation utility requirements and means of ingress and egress of wireless communications companies. (e) Lease Administration. MetroSite shall collect on behalf of the Client and shall disburse the revenues to the Client no later than fifteen (15) days after the end of the month the funds are collected by MetroSite. (f) Zoning; Review and Recommendation. MetroSite shall review Client's zoning and land use regulations and make recommendations that would make Client's suitable sites marketable and also make the municipal zoning policy consistent with the Client's policy to make suitable municipal sites available for wireless antenna facilities. 2. COMPENSATION In consideration of MetroSite's performance of the Services, MetroSite shall receive a portion of all revenues arising from any lease or license of Facilities. From time to time, this standard fee may be reduced according to the Fee Discount Schedule attached as Exhibit A. Said consideration shall be deducted from revenues in accordance with section 1(e). Notwithstanding a termination of this Agreement by either party pursuant to section 5.2, MetroSite shall receive a portion of all revenues arising from the lease or license of Facilities by the Client to wireless communications companies for the initial term of the lease or license and any extensions or renewals thereof which leases or licenses were entered into by the Client during the term of this Agreement or which were entered into by the Client after the termination of this Agreement which resulted from l4