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SITE NAME: Louisville Recnoational Center SITE NUMBER: CO- DENIl13 EXHIBIT C COMMUNICATIONS FACILITY to the Agreement dated ,2010, by and between the City of Louisville, a Colorado home rule municipal corporation, as Landlord, and Clear Wireless LLC, a Nevada limited liability company, as Tenant. RECORDED AT REQUEST OF, AND WHEN RECORDED RETURN TO: Clear Wireless LLC 4400 Carillon Point Kirkland, W A 98033 Attn: Site Leasing MEMORANDUM OF AGREEMENT APN: 157507300056 This MEMORANDUM OF AGREEMENT is entered into on ,2010, by the City of Louisville, a Colorado home rule municipal corporation, with an address at 749 Main Street, Louisville, CO 80027 (hereinafter referred to as "Owner" or "Landlord") and Clear Wireless LLC, a Nevada limited liability company, with an address at 4400 Carillon Point, Suite 300, Kirkland, W A 98033 (hereinafter referred to as "Clearwire" or "Tenant"). 1. Owne:r and Clearwire entered into a Site Lease Agreement (Building) ("Agreement") dated as of , 2010, effective upon full execution of the parties ("Effective Date") for the purpose of Clearwire unde11aking ,certain Investigations and Tests and, upon finding the Property appropriate, for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing is set forth in the Agreement. 2. The term of Clearwire's tenancy under the Agreement is for five (5) years commencing on the date Tenant begins c:onstruction of the Tenant Facilities or eighteen (18) months following the Effective Date, whichever first occurs ("Term Commencement Date"), and terminating on the fifth anniversary of the Term Commencement Date with five (5) successive five (5) year options to renew. 3. The Land that is the su1:~ect ofthe Agreement is described in Exhibit A annexed hereto. The portion ofthe Land being leased to Tenant and all necessary access and utility easements (the "Premises") are set forth in the Agreement. In witness whereof, the parties have executed this Memorandum of Agreement as of the day and year first written above. LANDLORD: TENANT: City of Louisville, a Colorado municipal corporation Clear Wireless LLC, a Nevada limited liability company By: EXHIBIT ONLY - DO NOT EXECUTE By: EXHIBIT ONLY - DO NOT EXECUTE Name: Name: Title: Title: Date: Date: Clearwire COl1IIIIIIlkati.n Tower Agreement - 14- v.'-22-06