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

and the payment of an additional T hree Thousand and No/100 Dollars ($3,000.00) no later than ten (10)
days prior to the expiration date of the Initial Option Term.
(d) The Option m ay be sold, assigned or tr ansferred at any tim e by Te nant without the
approval or consent of City, to an y entity controlling, controlled by or under common control of Tenant
that acquires Tenant’s FCC license s and continues to operate a fe derally licensed comm unications
business on the Property. Otherwise, the Option m ay not be sold, assigned or transferred without the
written consent of City; such consent shall be within the sole discretion of the City. From and after th e
date the Option has been sold, assigned or transfe rred by Tenant to a third party and the Tenant has
notified the City if the transfer is to its parent company or otherwise obtained the permission of the City,
and the third party has assum ed all of the obligations and terms of this Agreement in writing to the City,
Tenant shall imm ediately be released from any a nd all liability under this Agreem ent, including the
payment of any future rental or other sums due, without any further action.
(e) During the Initial Option Term and any extension thereof, Tenant may exercise the Option
by notifying City in writing. If Tenant exercises the Option then the Tenant may occupy the Prem ises
subject to the terms and conditions of this Agreem ent. If Tenant does not exercise the Option during the
Initial Option Term or any extension thereof, this Agreement will terminate.
(f) If, during the Initial Option Term or any ex tension thereof, or during the term of this
Agreement if the Option is exercised, City decides to subdivide, sell, or change the status of the zoning of
the Premises or Property or in the event of foreclosur e, City shall notify Tenant in writing. Any sale of
the Property shall be subject to Tenant’s rights under th is Agreement. City agrees that during the Initial
Option Term or any extension thereof, or during the Te rm of this Agreement if the Option is exerc ised,
City shall not initiate or consent to any change in the zoning of the Premises, or Property or impose or
consent to any other restriction that would prevent or lim it Tenant from using the Premises for the uses
intended by Tenant as hereinafter set forth in this Agreement.
2. PERMITTED USE.
(a) Tenant’s use of the Pre mises is in conn ection with its f ederally licensed communications
business without interference to the City’s use of the Property and for no other purpose. Tenant m ay use
the Communication Facility (as that term is hereinafter defined) for the transm ission and recep tion of
communications signals and the inst allation, construction, m aintenance, operation, repair, replacem ent
and upgrade of its communications fixtures and related equipment, cables, accessories and improvements,
which may include a suitable support structure, associated antennas, eq uipment shelters or cabinets and
fencing and any other items necessary to the su ccessful and secure use of the Pr emises. Tenant further
has the right but not th e obligation to add, modify and/or replace equipment in order to be in com pliance
with any current or future federa l, state or lo cal mandated application, including, but not lim ited to,
emergency 911 communication services, at no additional rent to the City (collectively, the " Permitted
Use").
(b) The Permitted Use is lim ited to the space on the portion of the Prem ises identified on
Exhibit 1 as the Communication Facility and the antenna mast where Tenant may co-locate its antenna(s).
For purposes of this Agreem ent, the "Communication Facility" shall be the portion of the Prem ises that
will accommodate the climate-controlled storage space for telecommunications systems of the Tenant and
the City in the location identified on Exhibit 1.
(c) The Permitted Use is subordinate to the City’s use of the Property as a fire station serving
the residents and properties of th e City and surrounding areas. Nothi ng herein shall be construed as
granting authority to th e Tenant to interfere, obstruct, delay or hinder the City ’s use of the Property.
Tenant shall provide City seventy-two (72) hours notice prior to any cons truction, installation of
equipment, or other activity permitted in this Agreement which occurs outside of the Premises.
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Agenda Item 3E Page 6