1121 SE EVERETT MALL WAY EVERETT POLICE DEPT SOUTH PRECINCT 2023-02-06

C. Repair of Damage. Any damage done to the Premises or other of Lessor's property or to other tenants' premises, equipment or property during installation, operation, maintenance, repair and/or disconnection of Lessee's Communication Facilities shall be repaired or replaced within thirty(30) days at Lessee's expense and to Lessor's sole satisfaction. D. Governmental and Non-Commercial Co-location. Lessee shall design, construct and locate its Communication Facilities to reasonably allow for co-location of antenna facilities of other Governmental, Emergency Response and other Non-Commercial entities acceptable to the both the Lessee and the Lessor ("Governmental and Non-commercial entities"), which have an identifiable public benefit, who are or may become tenants on the Premises. Lessee shall reasonably cooperate with each new tenant in connection with its locating and placing antenna facilities on the tower and in the radio equipment building or other ancillary support facility. Lessee shall be entitled to a Siting Fee to be paid by any approved co-locating user. The City of Everett is specifically exempt from any Siting Fees provided that the siting of City of Everett equipment does not require substantial modification of the Radio System or facility. The Siting Fee shall be determined by Lessee to reimburse Lessee for a portion of its capital costs for its Communication Facilities on which the co-locating user will be installing its equipment. Lessor and Lessee shall jointly determine the appropriate monthly rent to charge the co-locating user and Lessor shall be` entitled to all such monthly rent. Lessee shall provide access based on an identifiable public benefit resulting from co-location within the Lessee's Communications Facility. Co-locators will share the cost of utilities such as electrical power, tower lighting, and tower and compound maintenance. Access to SERS facilities on the Premises will be approved by and controlled by SERS; provided that SERS will not unreasonably withhold approval of a co-locator which Lessor requests to be allowed to site within Lessee's Communications Facility. Lessee will function as the managing entity for the communications facility. All subleases will be coordinated and managed by the Lessee. In recognition of the critical nature of the SERS installation, all Co- locators shall meet the same standards established for the Lessee in Exhibit D, and SERS will have responsibility for acting as the site technical manager. Co-locators will be required to provide engineering analysis for both structural and radio frequency (RF) effects caused by co-located equipment and facilities. Reserved facility space will be provided to the City of Everett and SNOPAC for present or future communications needs. This reserved space is defined in Exhibit E, City of Everett and SNOPAC Reserved Space. E Commercial Communications Service Provider Co-location. Lessee shall design, construct and locate its Communication Facilities to reasonably allow for co-location of antenna facilities of other Commercial Communications Service Providers, acceptable to the both the Lessee and the Lessor, who are or may become tenants on the Premises. Lessee shall reasonably cooperate with each new tenant in connection with its locating and placing antenna facilities on the tower and in the radio equipment building or other ancillary support facility. Lessee shall be entitled to a Siting Fee to be paid by any approved co-locating user. The Siting Fee shall be determined by Lessee to reimburse Lessee for a portion of its capital costs for its Communication Facilities on which the co-locating user will be installing its equipment. Lessor shall determine the appropriate monthly rent to charge the co-locating user and shall be entitled to all such monthly rent. Co-locators will share the cost of utilities such as electrical power, tower lighting, and tower and compound maintenance. Access to SERS facilities on the Premises will be controlled by SERS. i0 orSgs