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

will have th e right to e xercise any and all rig hts and remedies available to it un der law and equity,
including termination of this Agreement.
(b) The following will be deemed a default by City and a breach of this Agreement: (i) failure
to provide access to th e Premises or to cu re an in terference problem that viol ates the term s of this
Agreement within twenty-four (24) hours after receipt of written notice of such de fault; or (ii) City' s
failure to perform any term, condition or breach of any warranty or covenant under this Agreement within
forty-five (45) days afte r receipt of written notice from Tenant specifying the failure. No such failure,
however, will be deem ed to exist if City has comme nced to cure the default within such pe riod and
provided such efforts are prosecuted to com pletion with reasonable diligence. Delay in curing a default
will be excused if due to causes beyond the reasonable control of City. If City remains in default beyond
any applicable cure period, Tenant will have any and all other rights available to it under law and equity.
17. NOTICES. All notices, requests, dem ands and communications hereunder will be given by first
class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier,
postage prepaid, to be effective when properly sent and received, refused or returned undelivered.
Notices will be addressed to City and Tenant as follows:
If to CITY:
Ms. Jane Brautigam, City Manager
City of Boulder
PO Box 791
Boulder, CO 80306
With copies to:
David D. Hayes
Deputy Chief of Police
Boulder Police Department
1805 33 rd Street
Boulder, CO 80301
Mr. Norm Alexander, Radio Shop Supervisor
City of Boulder
PO Box 791
Boulder, CO 80306
8
If to TENANT:
Attn: Network Real Estate Administration
RE: Cell Site # COU5172
Fixed Asset #: 10549694
12555 Cingulair Way, Suite 1300
Alpharetta, GA 30004
With copy to:
New Cingular Wireless PCS, LLC
Attn: Legal Department
RE: Cell Site # COU5172
Cell Site Name: 19 th & Sumac
Fixed Asset #: 10549694
(If U.S. Mail)
PO Box 97061
Redmond, WA 98073-9761
(If overnight courier)
16331 NE 72 nd Way, RTC1
Redmond, WA 98052
The copy sent to Tenant’s Legal Department is an administrative step which alone does not co nstitute
legal notice. Either party hereto m ay change the place for the giving of notice to it by thirty (3 0) days
prior written notice to the other as provided herein.
Agenda Item 3E Page 12