Agenda - 03-07-2019 6-a - Broadband Initiatives Update and Approval of Proposed Agreement with Open Broadband for Wireless Broadband Appurtenances on County Facilities

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7 3. Term. The term of this agreement (the "Initial Term") is three (3) years, beginning on the Effective Date. This agreement shall be automatically renewed for one additional five (5) year period (the "Renewal Term"), unless Provider or County provides notice of intention not to renew not less than sixty(60) days prior to the expiration of the Initial Term or any Renewal Term. 4. Rent. Both parties agree that the deployment of fixed wireless internet is an economic development benefit to the community to retain and attract jobs, helps close the `homework gap' for local residents with children desiring affordable home broadband internet, and will result in new property tax collections for the county/town. It is understood that tower space is a requirement in order for Provider to provide high- speed internet service to the community. In return for Provider making a private investment in equipment in Orange County in furtherance of an agreement between the parties to provide Broadband Service to Unserved Areas, the County agrees to make a non-monetary contribution to this investment by providing Tower space to Provider at no charge. This is a valuable consideration, and is valid only as long as Provider has made the equipment investment and is providing high- speed internet service in the community. Initial Tower Locations: -Orange County EOC, 510 Meadowlands Dr., Hillsborough, NC 2 72 78 (tower location, details in Attachment 1) 5. Title and Quiet Possession. The County represents and agrees (a) that it is the owner of the sites, (b) that it has the right to enter into this agreement, (c) that the person signing this agreement has the authority to sign, (d) that Provider is entitled to access the sites on either an escorted basis, or independent basis, as determined by the County. Access includes inside any security fence or area throughout the terms of the agreement so long as Provider is not in default of this agreement. 6. Installation. In no event shall Provider pierce or drill into the exterior of a water tower. Provider agrees that it will provide the County a written proposal addressing the installation of antenna and that such proposal shall be approved by the County and their representative prior to installation. Each approved proposal will be added as an Attachment to this Tower Antenna Agreement. 7. Interference. Provider will resolve any technical problems with other equipment located at the sites on the installation date. 8. Maintenance of Area. Provider shall make no alterations to the tower or related facilities which will compromise or impair the integrity of the structure. Provider shall exercise special precaution to avoid damaging the facilities of the County, and Provider hereby assumes all responsibility for any and all loss or such damage created by Provider, its employees or agents. Provider agrees to make an immediate report to the County of any installation and maintenance of Provider's facilities. General tower maintenance (painting, etc.) is the responsibility of the County. The County shall not move, disconnect or adjust, in any way, Provider's equipment without giving reasonable opportunity for the supervision of a Provider representative on site. Provider acknowledges and agrees that it shall be responsible for moving or protecting its equipment during any repairs or renovations to the tower and the County shall incur no liability to Provider for any injury, expense, or claim incurred by Provider during any such repair or renovation. OC Tower Agreement 1.0