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

3. CONSTRUCTION OF ADDITION FOR COMMUNICATION FACILITY.
(a) Tenant shall construct an addition to the existing building that will include the
Communication Facility. Prior to the initial installation of the Communication Facility, or any changes
thereto for which the Boulder Revised Code requires a permit, Tenant will supply the Deputy Police Chief
of Support Services (“Deputy Chief”) with plans and specifications (“Plans”) for review and approval on
behalf of the Police Department prior to commencement of construction. The Plans shall include an
addition to the existing building that will accommodate climate-controlled storage space for
telecommunications systems of the Tenant and the City, with such uses separated by chain link type
fencing to allow for air flow, and two separate storage spaces for City. The approval by the Deputy Chief
will not be unreasonably withheld, conditioned or delayed. If the Deputy Chief does not respond within
ten (10) of his working days after receipt of the Plans, the Plans will be deemed approved. After
approval, the Plans will be considered incorporated in this Agreement as Exhibit 1. If the Deputy Chief
disapproves the Plans then the Tenant will provide revised Plans, such revisions to be within Tenant’s
reasonable discretion. In the event the Deputy Chief disapproves the Plans upon a second submission,
Tenant may terminate this Agreement.
(b) In addition to the City serving as landlord of the Premises, the City is the permitting entity
for all construction on the Prem ises. Nothing herein shall be construed as a lim itation on the City’s
authority, or a waiver of the City’s requirem ents regarding construction of the Communication Facility or
approval of the Plans therefore.
(c) After exercise of the Option and for a peri od of ninety (90) days following the start of
construction, City grants Tenant the right to use such portions of the Property as m ay reasonably be
required during construction and installation of the Communications Faci lity. Tenant has the right to
install and operate transm ission cables, antennas, electric lines, and communication lines and m ake
improvements to the Communication Facility as depicted on Exhibit 1. Tenant agrees to comply with all
applicable governmental laws, rule s, statutes an d regulations relating to its use of the Communication
Facility. T enant may modify, supplement, replace, upgrade, or exp and the eq uipment within th e
Communication Facility as defined herein. Tenant may not however, increase the number of antennas or
location of antennas on any antenna m ast or portion thereof designated on Exhibit 1 for use by the City.
Tenant will be allowed to m ake such alterations to the Premises to construct the Communication Facility
or to insure that Tenant’s Communication Facility complies with all applicable federal, state or local laws,
rules or regulations.
(d) Tenant shall be solely responsible for a ll costs, fees and taxes due related to the
construction of the addition.
(e) During construction, Tenant shall have installed a separate meter for such storage area and
arrange with the gas and electric ut ility provider(s) for the responsibilit y for payment of such utilities to
be the Tenant’s.
(f) Upon receipt of a certificate of occupanc y or letter or completi on for the addition, the
addition shall become the property of the City and part of the improvements to the Property owned by the
City.
4. TERM.
(a) The initial lease term will be five (5) years ("Initial Term"), commencing on the Effective
Date. The Initial Term will terminate on the fifth (5 th ) anniversary of the Effective Date.
(b) This Agreement will autom atically renew f or three (3) ad ditional five (5) yea r term(s)
(each five (5) year term shall be defined as an "Extension Term"), upon the same terms and conditions
unless Tenant notifies City in writing of Tenant’s intention not to renew this Agreement at least sixty (60)
days prior to the expiration of the existing Term.
(c) The Initial Term and any Extension Term s are co llectively referred to as the Ter m
("Term").
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Agenda Item 3E Page 7