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

18. CONDEMNATION. In the event City determ ines to condem n the Property or receives a
summons and complaint that another governm ent is attempting to condem n the Property, the City will
provide a copy of the ordinance approving condem nation by the city within five (5) working days of its
effective date, or the summ ons and com plaint from another government within five working days of
service.
19. CASUALTY. City wi ll provide notice to Tenant of any casualty or other harm affecting the
Property within forty-eight (48) hours of the casualty or other harm. If any part of the Communication
Facility or Property is damaged by casualty or other harm as to render the Premises unsuitable, in Tenant’s
sole determination, then Tenant may terminate this Agreement by providing written notice to City, which
termination will be effective as of the date of such casualty or other harm. Upon such termination, Tenant
will be entitled to co llect all insu rance proceeds payable to Tenant on account thereof and to be
reimbursed for any prepaid Rent o n a prorata basis. City agrees to p ermit Tenant to p lace temporary
transmission and reception facilities on the Property upon Tenant’s r eceipt of Governmental Approvals,
but only until such time as Tenant is able to activate a replacem ent transmission facility at another
location; notwithstanding the termination of this Agreement, such temporary facilities will be governed by
all of the terms and conditions of this Agreem ent, including Rent. If City or Tenant undertakes to rebuild
or restore the Premises and/or the Communication Faci lity, as applicable, City agrees to permit Tenant
upon Tenant’s receipt of Governmental Approvals to place temporary transmission and reception facilities
on the Property a t no additional Rent until the recons truction of the Premises and/or the Communication
Facility is completed. If City determines not to rebuild or restore the Premises, City will notify Tenant of
such determination within thirty (30) days after the casualty or other harm.
20. NO OWNERSHIP OR PROPERTY RIGHTS. Nothing contained in this Agreement, including
the use of the Premises or other action of the Tenant or any paym ents made under this Agreem ent, create
or vest in the Tenant any ownership or property rights in the Premises, the addition to the building, or any
property interest of City.
21. NOTICES FROM THIRD PARTIES. In the event that Tenant re ceives any w ritten notice,
including without lim itation, a warning or notice of violation, related to th e Communication Facility,
Tenant’s use of the Communication Facility or the frequencies disclosed by Tenant, f rom an entity with
jurisdiction over the Tenant the Premises, the Communication Facility, or the fr equencies, Tenant shall
provide a copy of such notice to City within three (3) days of receipt thereof. Tenant shall im mediately
take all steps necessary to resolve any notice in accordance with the terms of this Agreement. In the event
that resolution of the notice would re quire violating any provision of th is Agreement, Tenant shall work
with City to resolve the notice or terminate this Agreement if the notice cannot be resolved.
22. MISCELLANEOUS.
(a) Amendment/Waiver. This Agreement cannot be am ended, modified or revised unless
done in writing and signed by City and Tenant. The fa ilure by a party to enforce any provision of this
Agreement or to require perform ance by the other party will not be construed to be a waiver, or in any
way affect the right of either party to enforce such provision thereafter.
(b) Bind and Benefit. The terms and conditions contained in this Agreement will run with the
Property and bind and inure to the benefit of City and Tenant, thei r respective heirs, e xecutors,
administrators, successors and assigns.
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