Suzy Ageton George Karakehian KC Becker Tim ... - City of Boulder

Market: Colorado
Cell Site Number: COU5172
Cell Site Name: 19 th & Sumac
Fixed Asset Number:10549694
OPTION AND LAND LEASE AGREEMENT
NEW CINGULAR WIRELESS
4365 19 th Street, Boulder, Colorado
THIS LAND LE ASE AGREEMENT ("Agreement"), dated to be effective the _____ day of
__________, 2011 (the “ Effective Date”), is entered into by the City of Boulder, a Colorado hom e rule
municipality, having a m ailing address of 1777 Broadway, Boulder, CO 80302 (" City") and New
Cingular Wireless PCS, LLC, a Delaware lim ited liability company, having a m ailing address of 12555
Cingular Way, Suite 1300, Alpharetta, GA 30004 ("Tenant").
BACKGROUND
City owns the property located at 4365 19 th Street in the City of Boulder, County of Boulder, State
of Colorado m ore particularly described as Lot 1, Fire Station No. 5 Subdivi sion, County of Boulder,
State of Colorado, (collectively, the " Property"). The P roperty includes a fire station operated by the
City of Boulder.
City and Tenant agree as follows:
1. OPTION TO LEASE.
(a) City grants to Tenant an option (the " Option") to build an addition to and lease, a certain
portion of the Property containing appr oximately four hundred (400) square feet as described on attached
Exhibit 1 (the “Premises”) for the placement of Tenant’s Communications Facility defined below.
(b) During the term of this Option, Tenant, at Tenant’s sole c ost, and its a gents, engineers,
surveyors and other representatives may enter upon th e Property to inspect, examine, conduct soil borings,
drainage testing, material sampling, radio freque ncy testing and other geological or engineering tests or
studies of the Property ( collectively, the "Tests"), to apply for and obtai n licenses, permits, approvals, or
other relief required of or deem ed necessary or appropr iate at Tenant’s sole discretion for its use of the
Premises and include, without lim itation, applications for zoning variance s, zoning ordinances,
amendments, special use permits, and construction permits from the City (collectively, the " Government
Approvals"), initiate the ordering and/or scheduling of necessary utilities, and otherwise to do those things
on or off the Property that, in the opi nion of Tenant, are necessary in Tenant’s sole discretion to determine
the physical condition of the Property, the environmental history of the Property, City’s title to the Property
and the feasibility or suitability of the Property for Tenant’s Permitted Use, all at Tenant’s expense. Tenant
will not be l iable to City or any third party on ac count of any pre-existing defect or condition on or with
respect to the Property, whether or not such de fect or condition is disclosed by Tenant’s inspection. Tenant
will restore the Property to its condition as it existed at the commencement of the Option Term (as defined
below), reasonable wear and tear an d casualty not caused by Tenant excepted. In addition, Tenant shall
indemnify, defend and hold City harm less from and against any and all injury, loss, dam age or claims
arising directly or indirectly out of the Tests.
(c) In consideration of City gr anting Tenant the Option, Tenant ag rees to pay City the sum of
Three Thousand and No/100 Dollars ( $3,000.00) within th irty (30) days of the E ffective Date. The
Option will be for an initial term of one (1) year commencing on the Effective Date (the "Initial Option
Term") and may be renewed by Te nant for an additi onal one (1) year upon writte n notification to City
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Agenda Item 3E Page 5