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

5. RENT.
(a) Commencing in th e month following the da te that Tenan t commences construction (the
"Rent Commencement Date"), Tenant will pa y City on or bef ore the f ifth (5 th ) day of each calendar
month in advance, One Thousand Seven Hundr ed Fifty and No/100 Dol lars ($1,750) (the “Rent"), at the
address set forth below. In any par tial month occurring after the Rent Commencement Date, Rent will be
prorated. The initial Rent payment will be forwarded by Tenant to City within forty-five (45) days after
the Rent Commencement Date.
(b) Rent will increase by three percent (3%) per year starting on the first year anniversary of
the “Rent Commencement Date”.
(c) Rent payments shall be made payable to City of Boulder and are to be sent to:
City of Boulder Fire Department
Attn. Frank Young, Deputy Fire Chief
P.O. Box 791
Boulder, Colorado 80306
(d) In addition to the m onthly Rent amount, af ter exercise of the Option, Tenant shall be
responsible for the sep arate metering and cos t of all utilities serv ing the Communication Facility (the
“Tenant Costs”).
6. APPROVALS.
(a) City agrees that Tenant's ability to use the Premises is contingent upon the suitability of the
Premises and Property f or Tenant's Permitted Use and Te nant's ability at its so le cost to o btain and
maintain all Governm ent Approvals. City authorizes Tenant to prepare, execute and file all required
applications to ob tain Government Approvals for Tenant’s Perm itted Use under this Agreem ent and
agrees to reasonably assist Tenant with such applications
(b) Tenant, at its sole cost h as the right to obtain a title report or comm itment for a leasehold
title policy from a title insurance co mpany of its choice and to have the Property sur veyed by a surveyor
of its choice.
7. TERMINATION. This Agreem ent may be term inated, without penalty or further liability, as
follows:
(a) by City upon thirty (30) days prior writte n notice, if Tenant rem ains in default under
Section 16 of this Agreement after the applicable cure periods;
(b) by Tenant upon written notice to City, if Tenant is unable to obtain, or m aintain, any
Governmental Approval necessary for the construction or operation of the Comm unication Facility, or if
Tenant determines, in its sole disc retion that the co st of obtaining or retaining the sam e is commercially
unreasonable;
(c) by Tenant upon written notice to City for a ny reason or no reason, at any tim e prior to
commencement of construction by Tenant;
(d) by Tenant upon sixty (60) days prior written notice to City for any reason or no reason, so
long as Tenant pays City a term ination fee equal to three (3) m onths’ Rent, at the then-current rate,
provided, however, that no such term ination fee will be payable on account of the term ination of this
Agreement by Tenant under any one or m ore of Sections 6 Approvals, 7(a) Term ination, 7(b)
Termination, 9 Interference, 12(b) Environmental, or 19 Casualty;
(e) by City if Tenant fails to cure a def ault of any of the terms of this Agreement within a
reasonable time. For a default related to Interference, a reasonable time shall be no more than twenty-four
(24) hours of notice of default from the City. F or any other default, a reasonable tim e shall be no m ore
than fourteen (14) days of notice of default from the City.
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Agenda Item 3E Page 8