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Market: RMR
<br />Cell Site Name: COL05398
<br />Search Ring Name: Pine and Via Appia Way
<br />Fixed Asset Number: 12734395
<br />STRUCTURE LEASE AGREEMENT
<br />THIS STRUCTURE AGREEMENT ("Agreement"), dated as of the latter of the signature dates
<br />below (the "Effective Date"), is entered into by City of Louisville, a Colorado municipal corporation,
<br />having a mailing address of 749 Main Street, Louisville, Colorado 80027 ("Landlord") and New Cingular
<br />Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox Park
<br />Blvd NE, 3rd Floor, Atlanta, GA 30319 ("Tenant").
<br />BACKGROUND
<br />Landlord owns or controls that certain plot, parcel or tract of land, as described on Exhibit 1,
<br />improved with a structure (the "Structure"), together with all rights and privileges arising in connection
<br />therewith, located at 900 Via Appia Street, City of Louisville, in the County of Boulder, State of Colorado
<br />80027 (collectively, the "Property"). Landlord desires to grant to Tenant the right to use a portion of
<br />the Property in accordance with this Agreement.
<br />The parties agree as follows:
<br />1. LEASE OF PREMISES. Landlord hereby leases to Tenant a portion of the Property consisting
<br />of:
<br />(a) approximately 300 square feet including the air space above such ground space, as
<br />described on attached Exhibit 1, for the placement of Tenant's Communication Facility;
<br />(b) space for any structural steel or other improvements to support Tenant's equipment
<br />(collectively, the space referenced in (a) and (b) is the "Equipment Space");
<br />(c) that certain space on the Structure, as generally depicted on Exhibit 1, measuring
<br />approximately 1,177 square feet in total, including the air space above same, where Tenant shall have
<br />the right to install its antennas and other equipment (collectively, the "Antenna Space"); and
<br />(d) those certain areas where Tenant's conduits, wires, cables, cable trays and other
<br />necessary connections are located between the Equipment Space and the Antenna Space, and
<br />between the Equipment Space and the electric power, telephone, and fuel sources for the Property
<br />(hereinafter collectively referred to as the "Connection Space"). Landlord agrees that Tenant shall
<br />have the right to install connections between Tenant's equipment in the Equipment Space and Antenna
<br />Space; and between Tenant's equipment in the Equipment Space and the electric power, telephone,
<br />and fuel sources for the Property, and any other improvements. Landlord further agrees that Tenant
<br />shall have the right to install, replace and maintain utility lines, wires, poles, cables, conduits, pipes and
<br />other necessary connections over or along any right-of-way extending from the aforementioned public
<br />right-of-way to the Premises. The Equipment Space, Antenna Space, and Connection Space, are
<br />hereinafter collectively referred to as the "Premises."
<br />2. PERMITTED USE. Tenant may use the Premises for the transmission and reception of
<br />communications signals and the installation, construction, maintenance, operation, repair, replacement
<br />and upgrade of communications fixtures and related equipment, cables, accessories and
<br />improvements, which may include a suitable support structure, associated antennas, equipment
<br />shelters or cabinets and fencing and any other items necessary to the successful and secure use of the
<br />Premises (the "Communication Facility"), as well as the right to test, survey and review title on the
<br />Property (collectively, the "Permitted Use"). If Exhibit 1 includes drawings of the initial installation of
<br />the Communication Facility, Landlord's execution of this Agreement will signify Landlord's approval of
<br />Exhibit 1. If Exhibit 1 does not include such drawings, Tenant shall, prior to commencement of any
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